Kolouri v Police

[2012] NZHC 915

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-404-71 [2012] NZHC 915

BETWEEN  SAMANTHA YANETTA KOLOURI Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         4 May 2012

Counsel:         No appearance by or on behalf of Appellant

KA Lummis for Respondent

Judgment:      4 May 2012

JUDGMENT OF BREWER J

SOLICITORS

DP Nairn (Manukau) for Appellant

Meredith Connell (Auckland) for Respondent

KOLOURI V POLICE HC AK CRI-2012-404-71 [4 May 2012]

[1]      This is an appeal against conviction and sentence in respect of one charge of driving a motor vehicle while the appellant’s driver’s licence was suspended.  The only ground of appeal given is “the learned Judge erred in fact and law”.

[2]      The appeal was assigned a hearing date of 30 April 2012.  By memorandum dated 27 April 2012, Mr Nairn, a barrister from Manukau, requested an adjournment on two grounds.   The first was that he lacked the transcript of legal submissions made at the conclusion of the defended hearing.  The second more serious ground was that Mr Nairn had been unable to establish any contact with the appellant from the  end  of  March  2012.    Mr  Nairn’s  memorandum  advised  that  he  had  made numerous attempts to contact the appellant to confirm instructions but had been unsuccessful.

[3]      There has been no appearance by or for the appellant this morning.   The registry has advised me that Mr Nairn contacted a member of the registry staff by telephone this morning at 8:30 am.  Mr Nairn advised the member of the staff that he would not appear this morning.   He said that he was busy in the District Court at Hamilton and was unable to appear.  He told the registry staff that he would try to find somebody else to appear.  It would seem that he was unsuccessful.

[4]      Against  this  background,  I  dismiss  the  appeal  for  want  of  prosecution. However, I direct that my decision lie in the registry for one week until 2:15 pm on

11 May 2012.   If, prior to that date and time, I receive any submissions from the appellant, I will consider them and if necessary stay the coming into effect of my decision.  If nothing is heard, the decision will take effect as at 2:15 pm on 11 May

2012.  I direct the registry to serve a copy of my judgment promptly on Mr Nairn

and also to send a copy direct to the appellant if there is a known address.

Brewer J