[1] When this appeal was called on 29 April 2010 there was no appearance by or on behalf of the appellant. We ordered that the appeal against conviction and sentence be dismissed and indicated that our reasons would follow. This judgment records that result and the reasons which we now give.
[2] The appellant was found guilty by a jury on charges of assault, assault using a spade as a weapon, threatening to kill, and theft. She was sentenced by Judge Cooper on 9 October 2009 to 12 months’ imprisonment in total.
[3] The appellant filed a notice of appeal. She listed the grounds for appeal as:

(a) My trial lawyer did not adequately represent me.

(b) Directions on evidence of my prior convictions were not adequate.

(c) Appearing in my Counsel’s memorandum filed with this notice (there was no such memorandum filed).

(d) My sentence was manifestly excessive or wrong.

(e) My sentencing hearing was unfair as I was not represented by Counsel.

[4] Mr W C Pyke, who had been instructed, advised by memorandum of 13 April 2010 that the appellant’s legal aid had been cancelled, that he had been unable to obtain instructions, and that he sought leave to withdraw. That application was granted by minute dated 14 April 2010. That minute gave detailed advice to the appellant of the steps necessary to enable the appeal to be heard.
[5] Neither that minute, nor an earlier minute dated 11 March 2010, has been complied with. By a further minute dated 20 April 2010 the Court sought to arrange a telephone conference but the appellant was unable to be contacted.
[6] We have considered the grounds listed in the notice of appeal, without the benefit of submissions. On the material available we do not consider that the grounds advanced in support of the appeal, either against conviction or sentence, could be made out. Without particulars there is no basis for the allegations concerning the performance of her experienced counsel or the directions given to the jury.
[7] The appeal against sentence is in large measure academic in that the appellant has now served that sentence. Counsel for the Crown advised that the appellant was released on 31 March 2010. But there is no basis for the submission that the sentence was excessive. And the reason the appellant was unrepresented at sentence was that such was her election having dismissed her counsel.

Solicitors:
Crown Law Office, Wellington for Respondent

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