Hamiora v The Queen

[2012] NZCA 379

IN THE COURT OF APPEAL OF NEW ZEALAND

CA359/2011
[2012] NZCA 379

BETWEEN  KEITH BRANCH HAMIORA
Appellant

AND  THE QUEEN
Respondent

Hearing:         21 August 2012

Court:             Harrison, Fogarty and Courtney JJ

Counsel:         No appearance for Appellant
B Tantrum for Respondent

Judgment:      21 August 2012 at 3 pm

JUDGMENT OF THE COURT

Appeal against conviction is dismissed.

REASONS OF THE COURT

(Given by Harrison J)

1. Keith Hamiora was found guilty following a trial before a judge and jury in the DC at Auckland[1] on one count of injuring with intent to injure.  On 25 February 2011 Judge Field sentenced him to a term of imprisonment of 20 months.

   [1]      R v Keith Branch Hamiora DC AK CRI-2009-090-5169, 25 February 2011.

2. Mr Hamiora filed an appeal against his conviction only.  The hearing of this appeal was delayed, largely at Mr Hamiora’s request.  The last adjournment was granted by this Court on 4 April 2012.

3. Mr Hamiora’s appeal was set down for hearing before us today.  Yesterday Mr Hamiora advised that he would not be proceeding with his appeal.  Nevertheless, the Registry advised him that it would be called and that if he did not appear it would be dismissed.

4. Mr Hamiora’s appeal was called at midday but he failed to appear.  Accordingly, we dismiss his appeal.

Solicitors:
Crown Law Office, Wellington for Respondent