L v Police HC Auckland CRI 2008-404-217

[2009] NZHC 1684

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-404-217

BETWEEN  L

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         27 April 2009

Appearances: No appearance by or on behalf of Appellant

Sarah Pidgeon for Respondent

Judgment:      27 April 2009

JUDGMENT OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Respondent

(copy to Appellant in person)

L V POLICE HC AK CRI 2008-404-217  27 April 2009

[1]      The registry gave Mr L   written notice on 7 April 2009 that his appeal to this Court against a sentence of 40 hours community work imposed following his plea of guilty in the District Court to one charge of procuring or possessing cannabis plant was set down for hearing at 11 am today.

[2]      It is now 11.07 am.  The case has been called but Mr L   has not appeared. I dismiss his appeal.

[3]      I would add that Mr L  ’s appeal was hopeless in any event.  It is based on the ground that he is unable to do physical functions which he may be required to perform as part of his community work because of an adverse health condition.  But, as Ms Pidgeon points out, this is not an arguable ground of appeal.  Mr L   is not appealing his community work sentence on the ground that it was manifestly excessive or wrong in principle.  Instead he is alleging that he is unable to carry it out because of health reasons.

[4]      In legal terms Mr L  ’s remedy was to apply to the District Court for an order varying or cancelling the sentence.  However, such an application would have certainly failed.   As Ms Pidgeon points out, there is a range of work which the Department of Corrections can allocate for those sentenced to community work.  I am in no doubt that, if satisfied that Mr L   is in fact suffering from ill health, the

Department will be able to tailor his tasks accordingly.

Rhys Harrison J