Rossiter v The Queen
[2021] NZCA 511
•4 October 2021
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA207/2018 [2021] NZCA 511 |
| BETWEEN | NATHAN HENRY ROSSITER |
| AND | THE QUEEN |
| Hearing: | 4 October 2021 |
Court: | Brown, Venning and Cull JJ |
Counsel: | A Shaw for Appellant |
Judgment: | 4 October 2021 |
ORAL JUDGMENT OF THE COURT
AApplication for leave to withdraw as counsel granted.
BApplication for an extension of time granted.
CThe appeal is dismissed.
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REASONS OF THE COURT
(Given by Brown J)
Mr Rossiter was found guilty by a jury of one charge of an indecent act on a child which occurred in 2013. On 1 March 2018 he was sentenced to two years and three months’ imprisonment with a minimum period of imprisonment of 60 per cent.[1] That sentence has been served.
[1]R v Rossiter [2018] NZDC 3815.
Although Mr Rossiter filed an appeal against both conviction and sentence, his appeal against sentence was abandoned. His appeal against conviction was scheduled for hearing today.
Regrettably Mr Rossiter has not made communication with his counsel, Mr Shaw, during the past eight months. Despite Mr Shaw’s endeavours and those of counsel for the Crown, via the officer-in-charge, Mr Rossiter has not been located. He has not responded to messages left on his last known telephone number.
Consequently Mr Shaw seeks leave to withdraw as counsel. The Court grants leave and thanks Mr Shaw for his efforts to locate Mr Rossiter.
It transpires that Mr Rossiter’s original appeal was filed a month out of time. An extension of time to appeal would be required. The Crown does not oppose an extension of time and accordingly we grant the extension of time. However, there being no appearance by Mr Rossiter today, in these circumstances the appeal is dismissed.
Solicitors:
Crown Law Office, Wellington for Respondent
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