Burchell v Police

[2012] NZHC 2167

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2012-404-188 [2012] NZHC 2167

BETWEEN  LLEWELLYN WILLIAM BURCHELL Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         24 August 2012

Appearances: No appearance for appellant

A Pollett for the respondent

Judgment:      24 August 2012

ORAL JUDGMENT OF TOOGOOD J [Re appeal against conviction]

Solicitors:           Crown Solicitors, Auckland:  [email protected]

Copy:                Mr L W Burchell, 7 Sapphire Place, Bayview, Auckland

BURCHELL V NEW ZEALAND POLICE HC AK CRI 2012-404-188 [24 August 2012]

[1]      Mr Burchell applied for leave to appeal against his conviction in the North Shore District Court on a charge of failing to comply with release conditions. Following a plea of guilty, he was ordered to come up for sentence within five months if called upon.

[2]      The application was called before Allan J on 16 July 2012.  At that hearing, among other things, the Judge directed Mr Burchell to file and serve an amended notice of appeal on or before Friday 17 August 2012.  The Judge also set the matter down  to  be  listed  in  the Appeals  List  at  9.00  am  today  for  further  directions concerning the hearing of the adjourned application for leave to appeal.   These

directions were included in an interim judgment dated 17 July 2012[1]  in which the

Judge recorded that a copy of the judgment be sent to Mr Burchell at his residential address.

[1] Burchell v Police [2012] NZHC 1735.

[3]      The  matter  has  been  called  at  9.00  am  this  morning  as  scheduled. Mr Burchell has not appeared despite efforts by a court security officer to locate him within the Court precincts.  I notice also that Mr Burchell has not filed the amended notice of appeal as directed by Allan J.

[4]      Accordingly, the application for leave to appeal is dismissed for want of prosecution.

................................................

Toogood J