Porter v The Queen

Case

[2019] NZCA 46

12 March 2019 at 11:30 am


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA88/2018
 [2019] NZCA 46

BETWEEN

TERANGIKOEANAKI PORTER
Appellant

AND

THE QUEEN
Respondent

Court:

French and Gilbert JJ

Counsel:

Appellant in Person
Crown Law Office for Respondent

Judgment:
(On the papers)

12 March 2019 at 11:30 am

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

  1. Mr Porter filed an appeal on 20 February 2018 against his conviction for assault with intent to injure.  The notice of appeal did not state the grounds of appeal.  Mr Porter failed to respond when the Registry attempted to contact him to arrange a conference call.

  2. On 19 November 2018, Winkelmann J issued a direction that Mr Porter must file detailed grounds of appeal no later than Friday 14 December 2018.[1]

    [1]Porter v R CA88/2018, 19 November 2018.

  3. Mr Porter failed to comply with that direction and accordingly the Court notified him on 11 February 2019 that unless the detailed grounds of appeal ordered by Winkelmann J were filed within ten working days, his appeal would be dismissed under s 338 of the Criminal Procedure Act 2011.

  4. No grounds of appeal have been filed.  The appeal is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent


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