Huang v The Queen

IN THE COURT OF APPEAL OF NEW ZEALAND

CA429/2011
[2011] NZCA 550

BETWEEN SHIN-FU HUANG
Appellant

AND THE QUEEN
Respondent

Hearing: 2 November 2011

Court: Harrison, Miller and Asher JJ

Counsel: No appearance for the Appellant
K Raftery for Respondent

Judgment: 2 November 2011

ORAL JUDGMENT OF THE COURT

The appeal against conviction is dismissed.

REASONS OF THE COURT

(Given by Harrison J)

Shin-Fu Huang was convicted in the District Court at Auckland following his pleas of guilty in October 2009 and April 2010 to eight charges of importing pseudoephedrine. He then applied to vacate seven of his pleas but not the eighth. In a reserved decision delivered on 9 May 2011 Judge Gibson in the District Court dismissed Mr Huang’s application.[1]
[1] R v Huang DC Auckland CRI-2009-004-22644, 9 May 2011.
In June 2011 Mr Huang appealed against his conviction. He was admitted to bail pending determination of his appeal. On 23 September his counsel, Mr Haigh QC, advised the Court that Mr Huang had absconded and returned to China. Ellen France J gave Mr Haigh leave to withdraw. On the same day the Registry set Mr Huang’s appeal down for hearing today with a request that the Crown file a memorandum. The Registry gave notice of today’s fixture to Mr Huang at his bail address.
On 28 September the Crown advised the Court that the police have confirmed Mr Huang’s departure from New Zealand using a false passport in a different name. He has not since re-entered.
The fixture has been called this morning. Mr Huang has not appeared either personally or by counsel. In the circumstances we are satisfied that Mr Huang does not intend to proceed with his appeal.
Mr Huang’s appeal against conviction is dismissed.

Solicitors:
Crown Law Office, Wellington, for Respondent

CaseChat Overview and Summary

Shin-Fu Huang was convicted by the District Court in Auckland for eight charges of importing pseudoephedrine, following his pleas of guilty in 2009 and 2010. Huang subsequently sought to vacate seven of these pleas but not the eighth. His application was dismissed by Judge Gibson on 9 May 2011. Huang appealed against his conviction in June 2011 and was admitted to bail pending the determination of his appeal. However, his counsel informed the Court on 23 September 2011 that Huang had absconded and returned to China. On the same day, the Court allowed counsel to withdraw and set the appeal for hearing with a request for the Crown to file a memorandum. The Registry notified Huang of the hearing date at his bail address. The Crown subsequently confirmed that Huang had departed New Zealand using a false passport under a different name, and he has not re-entered the country.

The legal issues before the Court of Appeal were whether the appeal should proceed in Huang's absence and if so, what orders should be made. Huang's counsel had withdrawn and there was no appearance by Huang or his new counsel. The Court considered the circumstances of Huang's absconding and departure from New Zealand, and whether he intended to proceed with his appeal. The Crown filed a memorandum stating the police had confirmed Huang's departure using a false passport. The Court was satisfied that Huang did not intend to proceed with his appeal.

The Court of Appeal dismissed Huang's appeal against conviction. The Court concluded that Huang did not intend to proceed with his appeal given his absconding, departure from New Zealand using a false passport, and lack of representation. The appeal was dismissed, and Huang's conviction stood. No further orders were made as the appeal had been dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established