Mackrell v The Queen
[2012] NZCA 464
•5 October 2012
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA446/2011 [2012] NZCA 464 |
| BETWEEN JASON CRAIG MACKRELL |
| AND THE QUEEN |
| Court: Randerson, Stevens and French JJ |
| Counsel: Appellant in person |
| Judgment: 5 October 2012 at 3.30 p.m. (On the papers) |
JUDGMENT OF THE COURT
The purported appeal against conviction and sentence is dismissed.
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REASONS OF THE COURT
(Given by Randerson J)
The appellant was convicted on 26 September 1997 on one count of murder and three counts of sexual violation. He was sentenced to preventive detention. He appealed against both conviction and sentence (CA437/97). He abandoned his appeal against conviction prior to the hearing and his sentence appeal was dismissed by this Court on 15 September 1998.
On 20 July 2011, the appellant purported to file a further appeal against conviction and sentence. By letter of 18 July 2012, he was advised:
(a) If he wished to pursue the conviction appeal he would need to file an application to set aside the notice of abandonment and a further application for extension of time to appeal.
(b) If he wished to re-open his sentence appeal, he would need to file an application to recall the sentence appeal.
The appellant was advised to seek legal advice. If he wished to pursue these issues, he was directed by Randerson J to file and serve formal applications by 31 August 2012.
The appellant did not comply with that direction and was informed by letter dated 6 September 2012 that his purported appeal would be dismissed under s 338 of the Criminal Procedure Act 2011 unless he complied with the directions by 25 September 2012. The letter plainly met the notice requirement in s 338(2). The directions have still not been complied with and, in the circumstances, we exercise the power given in s 338 to formally dismiss the purported appeal CA446/2011.
Solicitors:
Crown Law Office, Wellington for Respondent
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