Wiki v Police

[2012] NZHC 2211

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