Tamaka v Police

[2022] NZHC 1383

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2022-485-15

[2022] NZHC 1383

BETWEEN

DAMIEN TAMAKA

Appellant

AND

NEW ZEALAND POLICE

Respondent

On the papers

Counsel:

No appearance for Appellant

Crown Solicitor, Wellington for Respondent

Judgment:

13 June 2022

JUDGMENT OF SIMON FRANCE J

[1]    Mr Tamaka was convicted of wilfully doing an indecent act. He unsuccessfully sought a discharge without conviction.1 He instructed counsel to appeal which was done. A fixture was allocated.

[2]    On 23 May counsel sought leave to withdraw having been unable to obtain instructions. Leave was granted.

[3]    The Registry was directed to write to Mr Tamaka requiring him to contact the Court as to his intentions. He was warned ongoing silence would risk the inference he did not wish to pursue the appeal. Nothing has been received. The judgment under appeal records a similar history of difficulty for counsel in advancing the application for discharge without conviction.

1      New Zealand Police v Tamaka [2022] NZDC 4984.

TAMAKA v NEW ZEALAND POLICE [2022] NZHC 1383 [13 June 2022]

[4]    There is no error apparent on the face of the record. In the absence of any effort to advance the appeal, the appeal is dismissed.

Simon France J

Solicitors:

Crown Solicitor, Wellington for Respondent