R v Jacobs

[2008] NZCA 107

IN THE COURT OF APPEAL OF NEW ZEALAND

CA638/07
[2008] NZCA 107

THE QUEEN

v

DONALD CLIFFORD JACOBS

Hearing:23 April 2008

Court:William Young  P, Chisholm and Ronald Young JJ

Counsel:No appearance for Appellant

S B Edwards for Crown

Judgment:1 May 2008 at 12 noon

JUDGMENT OF THE COURT

The appeals against conviction and sentence are dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Ronald Young J)

[1]       Mr Jacobs was convicted by a jury on two counts of offences under the Insolvency Act 2006, one of fraudulently using a document, another of uttering a forged document and finally leaving New Zealand while a bankrupt without consent.

[2]       Judge Spear sentenced him to six months imprisonment on the two charges of offences involved in the management or control of a business while a bankrupt, and four months imprisonment concurrent on the other three counts. 

[3]       An appeal against conviction and sentence was filed by the appellant personally on 30 November 2007.  The file was referred to O’Regan J who, in a minute dated 28 February 2008, directed that the appeal should be dealt with by way of a hearing involving oral submissions.  As to conviction, he noted:

The only ground of appeal against conviction is that a juror had a discussion with a Crown witness.  If that ground is to be pursued, the appellant must file and serve affidavits outlining what occurred by 19 March 2008.

[4]       No affidavits were filed by 19 March nor have any affidavits been received since. 

[5]       The matter was referred back to O’Regan J who directed that the appellant’s appeal against sentence should be set down for hearing.  The direction contained in a letter from the Registry of this Court to the appellant said:

If you still intend to pursue your appeal against conviction you must file and serve affidavits as set out in paragraph 3 of Justice O’Regan’s minute and this will be dealt with at the same time.

[6]       The letter advised that the hearing date for the appeal was 23 April 2008.

[7]       This Court sent a letter to Mr Jacobs last week confirming that his appeal against conviction and sentence would be dealt with in Auckland on 23 April 2008.

[8]       When the case was called on 23 April 2008 Mr Jacobs did not appear in support of the appeal.  Mr Jacobs has not filed any affidavits or submissions in support of either the appeal against conviction or sentence.

[9]       In those circumstances both appeals will be dismissed.

Solicitors:

Crown Law Office, Wellington