P v Police HC Hamilton CRI 2006-419-000133

[2006] NZHC 1489

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2006-419-000133

BETWEEN  P

Appellant

AND  POLICE Respondent

Hearing:         1 December 2006

Appearances: No appearance by Appellant

CD Bean for Respondent

Judgment:      1 December 2006

JUDGMENT OF COOPER J

Solicitors:

Almao Douch, Crown Solicitors, PO Box 19173, Hamilton

Copy to:

P  , 101 Tui Place, Thames

P V POLICE HC HAM CRI 2006-419-000133  1 December 2006

[1]      This appeal was listed for hearing today.  It is an appeal against conviction and sentence by Grant Selwyn P   who was convicted in the District Court at Thames of burglary.  He has not appeared.

[2]      I am satisfied that notice of the hearing was properly given to the available address for the appellant.  The decision of District Court Judge Clark was based on her preferring the evidence of the complainant in the matter to that of the appellant. She expressed her reasons for preferring the appellant’s evidence on a reasoned basis.

[3]      Mr Bean, for the respondent, has sought that the appeal be dismissed for want of prosecution.

[4]      In the circumstances I am satisfied that that is the proper course to take and the appeal is dismissed accordingly.