W v Police HC Tauranga CRI 2009-470-17

[2009] NZHC 2219

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2009-470-17

BETWEEN  W

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         9 December 2009

Appearances: No appearance by or on behalf of Appellant

Catherine Harold for Respondent

Judgment:      9 December 2009

JUDGMENT OF HARRISON J

SOLICITORS

Ronayne Hollister-Jones Lellman (Tauranga) for Respondent

(copy to Appellant in person)

W V POLICE HC TAU CRI 2009-470-17  9 December 2009

[1]      On 8 January 2009 Mr W   filed a notice of appeal against his conviction on 3 October 2003 in the District Court following his pleas of guilty to charges of assault and assaulting a female.  He also appeals against his sentence of a fine of $800.

[2]      As this brief summary indicates, Mr W  's appeal was filed more than six years out of time.  He must satisfy a high threshold if leave is to be granted.  He has to establish that there is a real likelihood that the substantive appeal would succeed.

[3]      On 18 November 2009 the registry gave Mr W   notice that his appeal would be heard at 10:00 am today.  He has failed to appear.  He has also failed to provide a written synopsis of submissions in support of his appeal.  On the papers his application  for  leave  had  no  prospect  of  success  in  any  event.    Accordingly

Mr W  's appeal is dismissed.

Rhys Harrison J