K v Police HC Auckland CRI-2006-404-417

[2007] NZHC 300

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2006-404-417

BETWEEN  K

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         16 April 2007

Appearances: No appearance by or on behalf of Appellant

Anna Longdill for Respondent

Judgment:      16 April 2007

JUDGMENT OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Respondent

(Copy to: MD K  , PO Box 91-267, Auckland

K V POLICE HC AK CRI-2006-404-417  16 April 2007

[1]      On  20  October  2006,  following  a  summary  trial  which  commenced  on

17 October  2006,  Judge  Michael  Lance  QC  in  the  District  Court  at  Auckland convicted Mr K   on one charge of stealing a pair of shoes valued at

$8.88 from The Warehouse at Newmarket on 4 June 2006: s 223 Crimes Act 1961.

[2]      On 16 November 2006 Mr K   filed a notice of appeal in this Court against his conviction.   He provided as his address for service “PO Box 91-267, Auckland”.  On 8 December 2006 the registry posted Mr K  , at that same post office  box  number,  a  notice  that  his  appeal  would  be  heard  at  2.15 pm  today. Attached was a written direction to file and serve a written synopsis of submissions. Mr K   failed to comply.   Ms Anna Longdill for the Crown has filed a brief synopsis despite Mr K  ’s failure.

[3]      The appeal was called by Madam Registrar in the precincts of the Court. Mr K   has not appeared.  It is now 2.55 pm.  I am satisfied that his absence is evidence of his abandonment of his appeal.

[4]      Accordingly, I dismiss Mr K  ’s appeal.  I should note also that on the face of the transcript and Judge Lance’s decision, the appeal was without merit or

prospects of success.

Rhys Harrison J