U v Police HC Auckland CRI 2007-404-000334

[2008] NZHC 462

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-404-000334

U

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         8 April 2008

Appearances: No appearance for appellant

J Down for Respondent

Judgment:      8 April 2008

ORAL JUDGMENT OF VENNING J

Solicitors:           Crown Solicitor, Auckland

J Maddox, Auckland

U V NEW ZEALAND POLICE HC AK CRI 2007-404-000334 8 April 2008

[1]      This is an appeal against conviction arising from a decision of the District Court on 7 August when the appellant was convicted on charges of driving with excess  blood  alcohol  causing  death,  driving  with  excess  blood  alcohol  causing injury, two charges of aggravated careless driving causing death and a charge of driving without a licence.

[2]      The appeal was filed by counsel then representing the appellant Mr Maddox. The appeal was allocated today’s date for hearing.  Notice of that appeal date was communicated to counsel for the appellant.   The Registry has attempted to communicate with Mr Maddox in the past 10 days.  There was an indication from counsel that the appeal would be abandoned.  There is, however, no formal record of that on the file.  However, there has been no appearance this morning in support of the appeal.  The appellant has been called outside the courtroom.

[3]      As there is no appearance to support the appeal it is dismissed.

Venning J