L v Police HC Auckland CRI 2006-419-24

[2006] NZHC 1104

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-419-24

L

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         22 September 2006

Appearances: No appearance by Appellant

S McColgan for Respondent

Judgment:      22 September 2006

(ORAL) JUDGMENT OF ASHER J

Solicitors:

DP L  , 2a Enderby Drive, Te Atatu North Auckland

Meredith Connell, PO Box 2213 Auckland

L V NEW ZEALAND POLICE HC AK CRI 2006-419-24  22 September 2006

[1]      This is an appeal against a sentence imposed by Bidois DCJ on Mr L   on 23 January 2006.   Mr L   had pleaded guilty to a serious assault and was convicted and sentenced to 100 hours community work.  Matters since then have had something of a history.   Mr Clews, counsel of Hamilton, was initially instructed. There were a number of adjournments.   On 6 July 2006 Williams J transferred the file from Hamilton to Auckland because Mr L   was living in Auckland and his therapists were in Auckland.  Mr L   was sent a copy of the Minute so that he was aware of the need for alternate counsel to be instructed, and, of course, the Minute was dictated in his presence.

[2]      He has not appeared this afternoon at 3:34 pm, the allocated time for this hearing.  He undoubtedly knows of the fixture.  He discussed it with Court staff on Thursday of last week.  He contacted the Court at 11:45 am this morning stating that he would not be able to attend the hearing because his motorbike had broken down. Mr McColgan, for the Crown, has been kind enough to contact Mr L   and has been given the same advice by him.  Apparently, the problem is a flat tyre that was discovered earlier this morning.

[3]      I consider that Mr L  ’s non-appearance is not excusable.  It is difficult to see why a flat tyre on a motorbike would prevent the motorbike being restored to roadworthiness  and  the  trip  made.    There  are  also  regular  buses  coming  from Rotorua to Auckland.   Considerable efforts have been made by the Court to accommodate Mr L  .

[4]      Closure is required in this matter.  I have on the file a further letter from the victim  expressing  his  distress  at  the  ongoing  situation.     Parties  must  treat appearances in this Court as an absolute priority.  They cannot avoid an appearance by not taking all the steps that would ensure attendance, and then expect that a phone call will produce an adjournment.

[5]      The  appeal  is  accordingly  dismissed.    I will,  nevertheless,  give  leave  to Mr L   to apply to reinstate the appeal if he wishes to do so.  If he does wish to so apply, it should be by way of application with a supporting affidavit explaining the circumstances of his non-appearance today.

[6]      I  should  record  that  Mr McColgan  has  carefully  presented  Mr L  ’s explanation  to  the  Court,  and  drawn  to  the  Court’s  attention  Mr L  ’s psychological history as shown by the Court file.  I am grateful to him for doing this.

…………………………..

Asher J