The Queen v Wilson

[2006] NZCA 290

IN THE COURT OF APPEAL OF NEW ZEALAND

CA198/06

THE QUEEN

v

RIKKI AARON CHARLES WILSON

Hearing:16 October 2006

Court:Glazebrook, Chambers and Ellen France JJ

Counsel:A N Isac for Appellant

A M Powell and J L Verbiesen for Crown

Judgment:16 October 2006 

ORAL JUDGMENT OF THE COURT

An extension of time to appeal is granted.  The notice of appeal dated 7 June 2006 will be taken as filed.

REASONS OF THE COURT

(Given by Glazebrook J)

[1]       This is an application for an extension of time to appeal in respect of a criminal matter. 

[2]       In this case, in terms of the matters set forth in R v Knight [1998] 1 NZLR 583, the delay has not been inordinate and there has been an explanation given for it which adequately explains the lapse of time. 

[3]       The Crown concedes that there is no prejudice to the Crown in respect of the delay.  The Crown has also conceded, in respect of the reformulation of the grounds of appeal, that the appeal is not hopeless.  We agree that the appeal is not hopeless but it would not be appropriate for us to say anything further at this point.

[4]       Accordingly, an extension of time to appeal is granted. The matter should be set down for oral hearing as soon as possible.

[5]       The appellant’s submissions must be filed within five working days.  The Crown is to file any further submissions in reply a further five working days after receipt of the appellant’s submissions. 

Solicitors:
Fitzherbert Rowe, Palmerston North, for Appellant
Crown Law Office, Wellington