Chand v Police

[2014] NZHC 2853

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-404-253 [2014] NZHC 2853

BETWEEN

DANIEL CHAND

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	17 November 2014
Appearances:	No appearance for Appellant G E Hughes for Respondent
Judgment:	17 November 2014

(ORAL) JUDGMENT OF LANG J

[on appeal against conviction and sentence]

CHAND v NEW ZEALAND POLICE [2014] NZHC 2853 [17 November 2014]

[1]      Mr Chand was convicted in the District Court on a charge of assaulting a female.   The Judge who sentenced him declined to discharge Mr Chand without conviction.  Instead, he ordered Mr Chand to come up for sentence if called upon to do so within 12 months.1    Mr Chand has appealed to this Court against the Judge’s refusal to grant a discharge without conviction.

[2]      On 4 November 2014, the Registrar sent out the required notice advising Mr Chand of the fact that the appeal would be heard today at 10 am.  When the appeal was called, however, there was no appearance by Mr Chand or by counsel on his behalf.  No submissions have been filed in support of the appeal.  For that reason the Court must proceed on the basis that Mr Chand has elected not to prosecute his

appeal.  It is therefore dismissed for want of prosecution.

Lang J

Solicitors:

Crown Solicitor, Auckland

Copy to: Appellant

1      Police v Chand DC Waitakere CRI-2013-090-006653, 9 July 2014.