Kura v The the Queen
[2022] NZCA 196
•19 May 2022 at 10.15 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA47/2021 [2022] NZCA 196 |
| BETWEEN | TE ARIKI ADRIAN KURA |
| AND | THE QUEEN |
| Court: | French, Gilbert and Collins JJ |
Counsel: | Applicant in person |
Judgment: | 19 May 2022 at 10.15 am |
JUDGMENT OF THE COURT
The application for leave to appeal out of time is declined.
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REASONS OF THE COURT
(Given by French J)
Mr Kura filed an appeal against sentence on 4 February 2021. The appeal was filed 795 working days out of time and accordingly leave to appeal was required.[1]
[1]Criminal Procedure Act 2011, s 248(2).
Mr Kura’s counsel advised the Court that he had been unable to progress the appeal because Mr Kura had failed to respond to counsel’s attempts to contact him. Having been unable to obtain instructions, counsel sought leave to withdraw.
In a minute dated 30 November 2021 French J directed that the application for leave to appeal out of time and the appeal be set down for hearing. French J further directed that Mr Kura was to file submissions by Friday 17 December 2021. Once the minute had been forwarded to Mr Kura, counsel was granted leave to withdraw.[2]
[2]Kura v R CA47/2021, 30 November 2021.
In breach of the direction, Mr Kura failed to file any submissions by Friday 17 December 2021.
On 12 April 2022, French J issued a second minute giving Mr Kura formal notice that unless he filed his submissions by Monday 2 May 2022 he was at risk of the Court exercising its powers under s 338(1) of the Criminal Procedure Act 2011 and dismissing his appeal.[3]
[3]Kura v R CA47/2021, 12 April 2022.
Mr Kura has not complied with this formal notice and no reasonable explanation for the continuing default has been provided.
We have therefore decided to decline the application for leave to appeal which effectively disposes of the appeal.
Solicitors:
Crown Law Office, Wellington for Respondent
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