S v Police HC Auckland CRI 2008-404-311

[2008] NZHC 1704

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-404-000311

S

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         4 November 2008

Appearances: D S   for Appellant

G Kayes for Crown

Judgment:      4 November 2008

ORAL JUDGMENT OF VENNING J

Solicitors:           Crown Solicitor, Auckland

Shean S  , Auckland

S V NEW ZEALAND POLICE HC AK CRI 2008-404-000311  4 November 2008

[1]      The appellant S   was convicted on 5 August 2008 in the District Court at Manukau on two charges, one of driving with excess breath alcohol reading and one of operating a vehicle carelessly.   The level of breath alcohol was 950 micrograms of alcohol per litre of breath.  The convictions were entered following a defended hearing before Judge Epati.

[2]      The  appellant  filed  an  appeal  with  this  Court  against  conviction  on  11

September 2008.   He has been represented by counsel throughout.   Mr S   has appeared this morning as a courtesy to the Court and has advised that he is currently without instructions from the appellant.  He confirmed the appellant is aware of this morning’s hearing of the appeal.  I formally grant Mr S   leave to withdraw.

[3]      In  the  absence  of  the  appellant  and  given  that  Mr S    is  without instructions the appeal is dismissed for want of prosecution.  I record, however, that the basis of the appeal seems to be  a challenge to the Judge’s  findings on the evidence before him.  They were findings that were eminently available to the Judge having heard the evidence.  I have to observe that I do not see any merit or substance in the grounds of appeal in any event.

Result

[4]      The appeal is dismissed.

Venning J