Paekau v The Queen
[2011] NZCA 274
•13 June 2011
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA39/2011 [2011] NZCA 274 |
| BETWEEN CHAZ PAEKAU |
| AND THE QUEEN |
| Hearing: 13 June 2011 |
| Court: Wild, Keane and Miller JJ |
| Counsel: Appellant in Person |
| Judgment: 13 June 2011 |
| Reasons: 15 June 2011 |
JUDGMENT OF THE COURT
The appeal is dismissed, for want of jurisdiction.
REASONS OF THE COURT
(Given by Wild J)
Having pleaded guilty to a charge of aggravated robbery, Mr Paekau was sentenced in the District Court at Hamilton on 21 January this year to four years’ imprisonment.
By notice of appeal dated 21 January 2011 he appealed to this Court against his sentence, on grounds the essence of which was that the sentence was manifestly excessive.
In a letter and faxes dated 11 February, 23 May and 26 May 2011, all addressed to Mr Paekau in Waikeria Prison, the Registry of this Court pointed out to Mr Paekau that his appeal lay to the High Court, and that this Court had no jurisdiction to hear it.
It was because Mr Paekau did not respond to any of these communications that the Court arranged for him to be brought to Court. At the hearing we explained the jurisdictional situation to Mr Paekau and inquired whether he still wished to pursue his appeal. He told us he did. We then assured him that we would, in this judgment, explain why this Court could not hear his appeal, so that he could direct it to the High Court, if he wished to pursue it. This judgment may assist him in obtaining, from the High Court, the extension of time to appeal that he will now need.
Pursuant to s 383(1A) of the Crimes Act 1961, a person sentenced under s 28F(4) of the District Courts Act 1947 to a term of imprisonment exceeding five years may appeal to the Court of Appeal against that sentence. Having been sentenced to four years’ imprisonment, Mr Paekau’s appeal does not come within s 383(1A), and his appeal lies to the High Court.
Solicitors:
Crown Law Office, Wellington for the Crown
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