Inwood v Police

[2021] NZHC 3515

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-000505

CRI-2021-404-000506 [2021] NZHC 3515

BETWEEN

DANIEL JAMES INWOOD

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	17 December 2021
Counsel:	PT Eastwood for Appellant ILM Archibald for Respondent
Judgment:	17 December 2021

ORAL JUDGMENT OF DOWNS J

Solicitors/Counsel:

Crown Solicitor, Auckland. PT Eastwood, Auckland.

INWOOD v POLICE [2021] NZHC 3515 [17 December 2021]

[1]                 Daniel Inwood has filed what is intended to be a notice of appeal. Mr Inwood sought a sentence  indication.  Judge  O Cassidy gave  one but  later  withdrew it.  Mr Inwood wishes to appeal the withdrawal of the indication.

[2]                 The proposed appeal confronts a fundamental difficulty. It is not possible to appeal the withdrawal of a sentence indication. An appeal is a creature of statute and the applicable statute—the Criminal Procedure Act 2011—provides no appeal in relation to the withdrawal of a sentence indication. Indeed, the statute provides no appeal in relation to sentence indications more generally. If a defendant is unhappy with an indication, he or she has two choices. Decline to accept the indication. Or accept it, and then appeal the sentence. But, again, it is not possible to appeal the withdrawal of an indication.

[3]                 This was made clear to Mr Eastwood, Mr Inwood’s lawyer, when the proposed appeal was first raised in the callover system (on 3 December 2021).

[4]The proposed appeal is dismissed.

……………………………..

Downs J