Wiki v Police

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2012-488-28 [2012] NZHC 2211

WILLIAM JASON WIKI
Appellant

v

NEW ZEALAND POLICE
Respondent

Hearing: On the Papers

Appearances: Appellant in person (assisted by his mother, Mrs Wiki, as McKenzie
Friend)
TR Nicholls for Respondent

Judgment: 29 August 2012

RECALL OF JUDGMENT

This judgment was delivered by me on 29 August 2012 at 4:25 pm
Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

W Wiki, C/- 38 Johnston Road, Kawakawa, Northland
TR Nicholls, Crown Solicitor, Whangarei: [email protected]

WIKI V NEW ZEALAND POLICE HC WHA CRI-2012-488-28 [29 August 2012]

[1] At 11:00 am today I issued a Judgment[1] dismissing Mr Wiki’s appeal against his conviction and sentence on charges of threatening to cause grievous bodily harm and escaping lawful custody.

[1] Wiki v NZ Police [2012] NZHC 2188.

[2] After the hearing of the appeal on 12 July 2012, I indicated I would not issue judgment pending further inquiries which I asked counsel for the respondent to undertake. Following receipt of counsel’s report, I issued a Minute dated
14 August 2012 giving Mr Wiki until 24 August 2012 to respond to the matters referred to in the memorandum. No response was referred to me. I recorded in my Judgment that Mr Wiki had chosen not to respond and gave judgment accordingly.

[3] After the release of my Judgment, the Registrar of the Court in Whangarei drew my attention to a letter from the appellant dated 24 August 2012 which was stamped as having been received in the Registry office at 2:56 pm that day, but had apparently been mislaid.

[4] In the circumstances, I recall my earlier Judgment pursuant to my inherent powers and will issue a further Judgment once I have taken Mr Wiki’s representations into account.

..........................................

Toogood J

CaseChat Overview and Summary

The appellant, William Jason Wiki, sought to appeal against his conviction and sentence for charges of threatening to cause grievous bodily harm and escaping lawful custody. The appeal was heard in the High Court of New Zealand at Whangarei. The respondent, New Zealand Police, was represented by TR Nicholls. The appellant appeared in person, assisted by his mother, Mrs Wiki, who acted as his McKenzie friend.

The central legal issue before the court was whether the appellant's appeal against his conviction and sentence should be dismissed. The court was required to consider whether the appellant's late response, which was mistakenly not taken into account in the initial judgment, warranted a reconsideration of his appeal. The court had to determine if the procedural error in overlooking the appellant's late submission warranted a recall of the earlier judgment.

The court, after recognising the procedural oversight, recalled its earlier judgment and took into account the appellant's representations. The judge, Toogood J, decided to issue a further judgment once the appellant's submissions were properly considered. The court's reasoning hinged on the inherent powers to ensure justice and fairness in the proceedings. The outcome was that the earlier judgment dismissing the appeal was recalled, and a new judgment would be issued after considering the appellant's response.

The final orders of the court would be communicated in the subsequent judgment, ensuring that the appellant's right to be heard was properly respected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established