Javed v The Queen
[2020] NZCA 282
•13 July 2020 at 9 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA703/2018 [2020] NZCA 282 |
| BETWEEN | ABDUL JAVED |
| AND | THE QUEEN |
| Court: | French, Courtney and Goddard JJ |
Counsel: | Appellant in person |
Judgment: | 13 July 2020 at 9 am |
JUDGMENT OF THE COURT
AThe application for leave to withdraw the notice of abandonment of appeal dated 22 June 2020 is granted and the appeal is reinstated.
BThe Registrar is to allocate a new hearing date after mid-September 2020 and if possible in Wellington.
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REASONS OF THE COURT
(Given by French J)
Mr Javed is a self-represented appellant.
His appeal was due to be heard on 23 July 2020 in Auckland.
On 22 June 2020, Mr Javed signed and filed a notice of abandonment of appeal. The Court then issued a notice of result certifying that the appeal had been abandoned.
Subsequently, Mr Javed wrote to the Court asking for his appeal to be reinstated. In his letter, he explains that he is in the middle of a drug treatment programme at Rimutaka prison where he is being held and so could not attend a hearing in Auckland. He asks that the appeal be reinstated and given a new hearing date after his drug treatment programme finishes in mid-September or that it be given a Wellington fixture
The Crown accepts that Mr Javed appears to have intended to abandon the hearing date — that is, seek an adjournment — rather than abandon the appeal entirely. It therefore does not oppose the application for reinstatement.
We are satisfied that in all the circumstances it would be in the interests of justice to allow Mr Javed to withdraw his notice of abandonment.
The application for leave to withdraw the notice of abandonment is accordingly granted and the appeal reinstated. We also direct the Registrar to allocate a new hearing date after mid-September 2020 and if possible in Wellington.
Solicitors:
Crown Law Office, Wellington for Respondent
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