Jackson v The Queen

[2013] NZCA 28

IN THE COURT OF APPEAL OF NEW ZEALAND

CA185/2012
[2013] NZCA 28

BETWEEN  PETER JACKSON
Appellant

AND  THE QUEEN
Respondent

Hearing:         12 February 2013

Court:             White, Simon France and Asher JJ

Counsel:         No appearance for or by Appellant
J M Jelas for Respondent

Judgment:      22 February 2013 at 4.00pm

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by White J)

1. Mr Jackson appealed against his conviction and sentence following a trial in the District Court at Hamilton on charges of threatening to kill his ex-partner, breach of a protection order in threatening to physically abuse his ex-partner and breach of a protection order in making contact with his daughter.

2. Mr Jackson was sentenced on 1 February 2012 to an end sentence on all charges of 13 months’ imprisonment.[1]  He has already been released from prison.

   [1]      R v Jackson DC Hamilton CRI-2010-075-614, 1 February 2012 at [17].

3. Mr Jackson did not appear in support of his appeal when it was called both in the courtroom and in the court foyer on 12 February 2013.

4. By minute of Harrison J dated 25 September 2012[2] Mr Jackson had been advised that his appeal would be dismissed on the ground of want of prosecution unless he complied with all outstanding directions by 11 October 2012 and that the appeal was to be set down for hearing for call only on the first available date.

   [2]      Jackson v R CA185/2012, 25 September 2012.

5. The Court has been advised by the Registry that Mr Jackson was handed a copy of Harrison J’s minute by his Probation Officer on 17 October 2012 and that he was advised by correspondence sent to his postal address provided by the probation service that his appeal would be called on 12 February 2013.

6. Mr Jackson did not comply with the outstanding directions or appear when his appeal was called.

7. In these circumstances, as noted in my minute of 12 February 2013,[3] Mr Jackson’s appeal has effectively been abandoned and is dismissed under s 338 of the Criminal Justice Act 2011.

   [3]      Jackson v R CA185/2012, 12 February 2013.

Solicitors:
Crown Law Office, Wellington