Davis v Police

[2016] NZHC 769

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2016-404-000104 [2016] NZHC 769

BETWEEN

JOSHUA DAVIS

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	22 April 2016
Appearances:	No appearance for Appellant M Regan for Respondent
Judgment:	22 April 2016

JUDGMENT OF VENNING J

Solicitors:           Kayes Fletcher Walker, Auckland

Copy to:            Appellant

DAVIS v NZ POLICE [2016] NZHC 769 [22 April 2016]

[1]      The appellant Mr Davis has filed a notice of appeal against conviction.  On

11 March 2016 he was convicted and discharged on a charge of being unlawfully in a building.  He had sought a discharge without conviction.  The appeal is against the decision not to grant him a discharge without conviction under s 106.

[2]      The appeal was lodged with this Court on 6 April 2016.  On 11 April 2016 the appellant and respondent were advised that the appeal had been set down for callover this morning at 9.00 am and also that counsel were to file a callover memorandum by 19 April 2016 at 5.00 pm.

[3]      The  appellant  failed  to  comply  with  the  direction  to  file  a  callover memorandum.  There has been no further communication by the appellant with the Court since filing the notice of appeal and there has been no appearance by or on behalf of the appellant Mr Davis this morning.  I stood the matter down to the end of the list when Mr Davis was called again.  Mr Davis is not about the precincts of the Court this morning.

[4]      The notice of appeal and advice of today’s date were communicated to Mr Davis at the email address that he provided on his notice of appeal.  I am satisfied he has had notice of the requirements to file a memorandum and to appear today in support of the appeal.

[5]      Given  the  nature  of  the  appeal  and  the  appellant’s  failure  to  file  a memorandum  or  to  appear  this  morning  the  appeal  is  dismissed  for  want  of

prosecution.

Venning J