Huang v The Queen

[2011] NZCA 550

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)

1. 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.

2. 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. 

3. 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. 

4. 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. 

5. Mr Huang’s appeal against conviction is dismissed. 

Solicitors:
Crown Law Office, Wellington, for Respondent