Wilk v The the Queen

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA450/2021
[2022] NZCA 404

BETWEEN	RYSZARD WILK Appellant
AND	THE QUEEN Respondent

Court:	French, Gilbert and Collins JJ
Judgment: (On the papers)	26 August 2022 at 3 pm

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

On 21 July 2021, Mr Wilk filed an appeal against a prison sentence imposed on him for importing cocaine, conspiring to import cocaine, supplying cocaine and possessing cocaine for the purposes of supply.[1]
[1]The term of the prison sentence was ten years and seven months with a minimum period of imprisonment of four years and three months: R v Lukasik [2021] NZHC 1494.
In a minute dated 7 December 2021, Miller J directed Mr Wilk to file full particulars of his grounds of appeal by 28 January 2022.
The particulars were never filed and in a minute dated 7 June 2022, French J directed that Mr Wilk file his grounds of appeal by 4 pm 22 June 2022.
When that direction was also not complied with, French J issued a further minute dated 29 July 2022 stating that the continuing delay was unacceptable. The minute gave Mr Wilk formal notice that unless he filed his grounds of appeal by Monday 12 August 2022, he was at risk of the Court exercising its powers under s 338(1) of the Criminal Procedure Act 2011 and dismissing his appeal.
12 August 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.
The appeal is accordingly dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

Wilk, the appellant, has filed an appeal against a sentence of ten years and seven months in prison, with a minimum period of four years and three months, imposed for importing cocaine, conspiring to import cocaine, supplying cocaine and possessing cocaine for the purposes of supply. The appeal was dismissed by the Court of Appeal of New Zealand, with French, Gilbert, and Collins JJ delivering the judgment. The primary issue before the court was whether the appellant had complied with the court's directions to file full particulars of his grounds of appeal. The court found that the appellant had not filed the particulars despite multiple directions and warnings from the court, and therefore dismissed the appeal.

The court considered the appellant's repeated failure to comply with the court's directions as unacceptable and noted that there had been no reasonable explanation for the non-compliance. The court emphasised the importance of complying with court directions and noted that the appellant's failure to do so had resulted in the dismissal of his appeal. The court also highlighted the appellant's right to appeal and the importance of ensuring that appeals are determined on their merits. However, the court found that the appellant's repeated failure to comply with the court's directions had deprived the court of the ability to properly consider the merits of the appeal.

The court's decision to dismiss the appeal was based on the appellant's failure to comply with the court's directions to file full particulars of his grounds of appeal. The court found that the appellant's non-compliance was unacceptable and that there had been no reasonable explanation for the failure to comply. The court emphasised the importance of complying with court directions and noted that the appellant's failure to do so had resulted in the dismissal of his appeal. The court's decision serves as a reminder to all parties appearing before the court of the importance of complying with court directions and the consequences of failing to do so. The appeal is dismissed with no orders as to costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established