The Queen v Ayub

[2007] NZCA 95

IN THE COURT OF APPEAL OF NEW ZEALAND

326/05
[2007] NZCA 95

THE QUEEN

v

MOHAMMED AYUB

Hearing:26 March 2007

Court:Chambers, Chisholm and Gendall JJ

Counsel:No appearance by Appellant

K B F Hastie for Crown

Judgment:26 March 2007     

JUDGMENT OF THE COURT

The time for appealing is not extended, with the consequence that the appeal is dismissed.

REASONS OF THE COURT

(Given by Chambers J)

[1]       The appellant filed very belatedly an appeal against his conviction, together with an application to extend time for appealing. 

[2]       The appellant was released from prison as long ago as July 2005.  Indeed he is no longer even under the supervision of the Department of Corrections. 

[3]       The Legal Services Agency declined him legal aid in October last year.  Notice of today’s fixture was sent to him at the address he gave on his notice of appeal, which as it happens is also his last known address so far as the Department of Corrections is concerned.  All letters sent or couriered to the appellant there have been returned.

[4]       No submissions have been filed.

[5]       In the circumstances, the appellant has not shown any basis on which time for appealing should be extended, with the consequence the appeal must be dismissed. In the unlikely event the appellant eventually surfaces and wishes to continue with his appeal, he will have to file a new appeal and apply for a fresh extension of time in which to appeal.

Solicitors:
Crown Law Office, Wellington