H v Police HC Tauranga CRI 2007-463-147

[2008] NZHC 395

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2007-463-147

H

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         31 March 2008 (Heard at Rotorua)

Appearances: No appearance for appellant

C Harold and S Bridges for Respondent

Judgment:      31 March 2008

ORAL JUDGMENT OF WOODHOUSE J

Parties / Solicitors:

Mr P H  , Appellant, Opotiki

Ms C Harold / Mr S Bridges, Ronayne Hollister-Jones Lellman, Office of the Crown Solicitor, Tauranga

H V NEW ZEALAND POLICE HC TAU CRI 2007-463-147  31 March 2008

[1]      This is an appeal against conviction on the charge of careless use of a motor vehicle.

[2]      The appeal was due to start at 2:15 p.m.   There was no appearance by Mr H   either in Court or in the Court precincts where his name was called.  I asked that he be called in the Court precincts again at 2:30 p.m. and at 2:45 p.m., and there was still no appearance.  On that basis the appeal should be, and is, dismissed for want of prosecution.

[3]      Additionally, however, I record that the only ground advanced for the appeal is a challenge to the jurisdiction of the District Court on sovereignty grounds.  I can consequently also dismiss the appeal on the merits for reasons stated in R v Brown (22007)  NZCA  5  at  para  [7].    I  also  record  that  in  spite  of  the  challenge  to jurisdiction Mr H   had pleaded guilty by letter in the District Court, albeit, as expressed in his letter “under duress without prejudice”.

[4]      Accordingly, the appeal is dismissed on the merits as well.

Woodhouse J