R v Bampton CA166/06 [2006] NZCA 473 (31 October 2006)

Last Updated: 3 February 2014

IN THE COURT OF APPEAL OF NEW ZEALAND

_CA166/06

THE QUEEN

v

MICHAEL JOHN BAMPTON

Hearing: 16 October 2006 (by videoconference) Court: Glazebrook, Chambers and Ellen France JJ Counsel: N G Cooke and S R J Hamilton for Appellant

^{A M Powell for Crown}

Judgment: 31 October 2006 at 4pm

_{JUDGMENT OF THE COURT}

A The application for an extension of time to file an appeal is granted.

_{B The matter is to be set down for an oral hearing as soon as possible.}

REASONS OF THE COURT

_{(Given by Glazebrook J)}

R V BAMPTON CA CA166/06 31 October 2006

[1] On 16 October 2006 Mr Bampton’s application for an extension of time to appeal against his sentence (and in particular the minimum non-parole period) was adjourned to allow an affidavit from trial counsel to be filed.

[2] In light of the memorandum from Crown counsel of 24 October 2006, the affidavit will no longer be required and the extension of time is granted.

[3] Inquiries by the Crown have revealed that Mr Bampton was not given the correct information regarding his parole eligibility date until after the Parole Board hearing. The Crown therefore no longer opposes the application.

[4] The appeal is to be set down for hearing as soon as possible.

Solicitors:

Crown Law Office