Trainor v The King

[2023] NZCA 111

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA462/2022
 [2023] NZCA 111

BETWEEN	PATRICK CLIFFORD TRAINOR Appellant
AND	THE KING Respondent

Court:	French, Gilbert and Clifford JJ
Counsel:	Appellant in person Crown Law Office for Respondent
Judgment: (On the papers)	19 April 2023 at 2.15 pm

JUDGMENT OF THE COURT

The appeal is dismissed.

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REASONS OF THE COURT

(Given by French J)

1. On 7 September 2022 Mr Trainor filed an appeal against conviction and sentence.

2. In a minute dated 23 November 2022 Courtney J directed that full particularised grounds of appeal be filed and served by 7 December 2022. 

3. On 1 December 2022 Mr Trainor telephoned the Court to advise that he had dismissed his lawyer and decided to abandon the appeal.  The Registrar forwarded Mr Trainor a notice of abandonment that same day to complete and sign.

4. A signed notice of abandonment was never returned to the Court and the particulars of the grounds of appeal were never filed.

5. By minute dated 9 February 2023, French J noted that in the absence of a signed notice of abandonment, the appeal must be treated as still on foot.

6. The minute went on to put Mr Trainor on notice that unless he complied with Courtney J’s direction and filed full particulars of grounds of appeal by Friday 24 March 2023 his appeal was at risk of being dismissed under s 338 of the Criminal Procedure Act 2011. 

7. 24 March 2023 has been and gone and the particularised grounds of appeal have still not been filed.  There has been no reasonable explanation for the continuing non-compliance.

8. The appeal is accordingly dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent