Moseley v Police

[2014] NZHC 972

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI-2013-412-000029 [2014] NZHC 972

SCOTT EDWARD MOSELEY

v

NEW ZEALAND POLICE

Hearing:	9 May 2014 (On the papers)
Appearances:	Appellant in person R D Smith for Respondent
Dateof Minute:	9 May 2014

JUDGMENT OF DUNNINGHAM J

[1]      Mr Moseley lodged an appeal against his conviction for indecent assault, entered on 6 August 2013, when he pleaded guilty to that charge.

[2]      As recorded in my minute dated 3 April 2014, Mr Moseley failed to comply with timetabling orders made in the High Court on 18 December 2013.   He then changed lawyers, instructing new counsel on 20 January 2014.   However counsel duly sought leave to withdraw when Mr Moseley refused to give counsel further instructions after receiving counsel’s initial advice.

[3]      Mr Moseley’s new counsel was given leave to withdraw and a hearing date scheduled for 17 March did not proceed.  The appellant was advised that the appeal would be heard on 3 April 2014 at 10.00 am.   Mr Moseley did not appear at the

appointed time.

MOSELEY v NEW ZEALAND POLICE [2014] NZHC 972 [9 May 2014]

[4]      My   minute   issued   following   Mr   Moseley’s   non-appearance   directed Mr Moseley to either file submissions on appeal by 24 April 2014, or to instruct counsel and have counsel advise the Court by that date when he or she would be in a position to file submissions.  I advised that if that direction was not complied with then, pursuant to s 338 of the Criminal Procedure Act 2011, the appeal would be dismissed at 5.00 pm on 24 April 2014.

[5]      Since that  date, registry staff  have made contact  with  Mr Moseley.    He advised he still wanted to continue his appeal and he was told to get in touch with the Legal Services Agency (LSA) for them to assign him a new lawyer.

[6]      According to enquiries made of LSA in Dunedin, Mr Moseley did make contact with them, but has not complied with their request that he formally write to them  explaining  why  he  should  get  yet  another  legally  aided  lawyer.    As  at

7 May 2014, the officer at LSA in Dunedin confirmed to Court registry staff that

Mr Moseley had not replied to her repeated requests.

[7]      Accordingly, as 10 working days’ notice of the intention to dismiss the appeal has  been  given  to  Mr  Moseley  by  the  Court,  and  his  non-compliance  with timetabling  orders  has  not  been  rectified  in  that  time,  this  appeal  is  dismissed pursuant to s 338 of the Criminal Procedure Act 2011.

Solicitors:

Wilkinson Adams, Dunedin