Manukau v The Queen

[2021] NZCA 581

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA67/2021
 [2021] NZCA 581

BETWEEN	JOSEPH MANUKAU Appellant
AND	THE QUEEN Respondent

CA293/2021
BETWEEN	TIA RICHARDS Appellant
AND	THE QUEEN Respondent

Hearing:	3 November 2021
Court:	Kós P, S France and Katz JJ
Counsel:	No appearances by Appellants Z A Fuhr for Respondent
Judgment:	3 November 2021 at 10.05 am
Reasons:	3 November 2021

JUDGMENT OF THE COURT

The appeals are dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Kós P)

1. These appeals were dismissed for non-prosecution. 

2. In August 2020 Mr Manukau was convicted on three charges of assaulting a child and one charge each of child neglect, wounding with intent to injure and injuring with intent to injure.  Ms Richards was convicted of assaulting a child and child neglect.  In September 2020 Mr Manukau was sentenced to 12 months’ home detention and Ms Richards to 12 months’ intensive supervision, sentences they have completed.[1] 

   [1]R v Manukau [2020] NZDC 18987.

3. In February 2021 Mr Manukau filed a notice of appeal.  Legal aid counsel was assigned.  A priority fixture date of 28 July 2021 was allocated for his appeal, given he was subject to a short sentence. 

4. In May 2021 Ms Richards filed a notice of appeal.  In June 2021 counsel applied to adjourn the appeal fixture.  This Court directed on 1 July 2021 that the fixture date be adjourned on the basis that Mr Manukau’s and Ms Richards’ appeals should be heard together.  Legal aid counsel was thereafter assigned for Ms Richards also. 

5. On 19 July 2021 this Court directed that Mr Manukau’s and Ms Richards’ appeals be heard together, and that full particularised grounds of appeal be filed and served by 10 September 2021.  Shortly thereafter the Court allocated a new fixture date of 3 November 2021. 

6. Grounds of appeal were not filed as directed.  In September 2021 both legal aid counsel advised the Court that full grants of legal aid were not forthcoming.  Leave to withdraw was granted on 27 September 2021, it being noted that Mr Manukau and Ms Richards were now self-represented. 

7. The Court then directed that Mr Manukau and Ms Richards file and serve their grounds of appeal by 13 October 2021 and submissions by 20 October 2021.  A final extension was granted by this Court to the appellants to file and serve submissions (incorporating their grounds of appeal) by 27 October 2021, on the express basis that if that was not done, the appeals would be called on 3 November 2021 and dismissed.  It was not done.

8. The appeals were called this morning.  There were no appearances for the appellants and the appeals were dismissed accordingly.

Solicitors:
Crown Law Office, Wellington for Respondent