C v Police HC Auckland CRI 2009-404-66

[2009] NZHC 1680

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-404-66

BETWEEN  C

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         27 April 2009

Appearances: Martin Hislop for Appellant (seeking leave to withdraw) Nick Whittington for Respondent

Judgment:      27 April 2009

JUDGMENT OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Respondent

(copy to Appellant in person)

C V POLICE HC AK CRI 2009-404-66  27 April 2009

[1]      On 9 April 2009 the registry gave Mr Daniel C   notice that his appeal against a decision in the District Court at Auckland on 16 September 2008 remitting fines of $13,125 out of a total of $23,125, on condition that he served 175 hours community work and paid $50 per week towards the balance of $10,000, was set down for hearing at 4 pm today.

[2]      Mr C  ’s counsel, Mr Martin Hislop, who appeared for him in the District Court, has paid this Court the courtesy of appearing today seeking leave to withdraw. He advises that he has not received any instructions from Mr C   since lodging a notice of appeal on 11 January 2009.   Leave is granted to him to withdraw accordingly.

[3]      I am satisfied that Mr C   is aware of today’s fixture but has elected not to attend.    His  appeal  is  dismissed  accordingly.    I  add  my  agreement  with  the submission of Mr Nick Whittington for the respondent that the appeal was without

any prospect of success.

Rhys Harrison J