Wilk v R [2022] NZCA 404 (26 August 2022)

Last Updated: 29 August 2022

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.
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REASONS OF THE COURT

(Given by French J)

• [1] 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]
• [2] 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.
• [3] 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.
• [4] 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.
• [5] 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.
• [6] The appeal is accordingly dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent

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^[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.