| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA727/2020 [2021] NZCA 435 |
| BETWEEN | GYPSY RICKUS |
| AND | THE QUEEN |
| Hearing: | 15 June 2021 |
Court: | Clifford, Thomas and Muir JJ |
Counsel: | H T Young for Appellant |
Judgment: | 3 September 2021 at 2.30 pm |
JUDGMENT OF THE COURT
The application for an extension of time to appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Thomas J)
Gypsy Rickus was sentenced to six years and three months’ imprisonment for his involvement in a kidnapping and aggravated robbery, following his acceptance of a sentence indication based on a summary of facts and charges as negotiated between the Crown and his counsel.[1] Four years later he has filed an appeal against sentence and requires an extension of time in order to do so. He says the sentence indication proceeded on an incorrect basis, given he disputed one aspect of the summary of facts and that the discounts for youth and totality were inadequate.
Extension of time
[1]R v Rickus [2016] NZDC 25503. The sentence also included charges of unlawfully taking a motor vehicle, driving while disqualified, breach of release conditions and common assault.
An application for an extension of time must be granted if it is in the interests of justice to grant the extension, after taking into account all the relevant circumstances.[2] Relevant circumstances include whether the delay is adequately explained and whether there are compelling reasons to extend time.[3] Also relevant is the seriousness of the charges, the strength of the proposed appeal, the effect on others, prejudice to the Crown, and whether fresh evidence has come to light.[4]
[2]R v Lee [2006] 3 NZLR 42 (CA) at [97], citing R v Knight [1998] 1 NZLR 583 (CA) at 587.
[3]Oketopa v R [2020] NZSC 75 at [18]. See also Mikus v R [2011] NZCA 298 at [26], citing R v Slavich [2008] NZCA 116 at [14].
[4]R v Lee, above n 2, at [99]; and R v Ellis [2019] NZSC 83 at [15].
Given the extent of the delay and the absence of a compelling explanation for it, Mr Rickus’s application rests squarely on what he says is the strength of his appeal.
Background
We begin by explaining the background and the circumstances which resulted in the sentence Mr Rickus now seeks to challenge.
In the late afternoon of 23 March 2016, a 21-year-old man was approached on the street by Mr Rickus, a 16-year-old co-defendant and an older male (who was never identified). They engaged him in conversation and asked if he had a phone. Although he denied it, his cellphone rang and one of the offenders demanded it from him. Fearing for his safety, the victim handed it over. Mr Rickus then asked if the victim had a vehicle and, on being told he did, said that, if the victim took him to his vehicle, Mr Rickus would give him back…
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- Rickus v The Queen [2021] NZCA 435
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- [2021] NZCA 435
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