H v Police HC Tauranga CRI 2007-463-147 [2008] NZHC 395 (31 March 2008)

Last Updated: 15 July 2015

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

_{CRI 2007-463-147}

H

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing: 31 March 2008 (Heard at Rotorua)

Appearances: No appearance for appellant

C Harold and S Bridges for Respondent

Judgment: 31 March 2008

_{ORAL JUDGMENT OF WOODHOUSE J}

Parties / Solicitors:

Mr P H , Appellant, Opotiki

Ms C Harold / Mr S Bridges, Ronayne Hollister-Jones Lellman, Office of the Crown Solicitor, Tauranga

H V NEW ZEALAND POLICE HC TAU CRI 2007-463-147 31 March 2008

[1] This is an appeal against conviction on the charge of careless use of a motor vehicle.

[2] The appeal was due to start at 2:15 p.m. There was no appearance by Mr H either in Court or in the Court precincts where his name was called. I asked that he be called in the Court precincts again at 2:30 p.m. and at 2:45 p.m., and there was still no appearance. On that basis the appeal should be, and is, dismissed for want of prosecution.

[3] Additionally, however, I record that the only ground advanced for the appeal is a challenge to the jurisdiction of the District Court on sovereignty grounds. I can consequently also dismiss the appeal on the merits for reasons stated in R v Brown (22007) NZCA 5 at para [7]. I also record that in spite of the challenge to jurisdiction Mr H had pleaded guilty by letter in the District Court, albeit, as expressed in his letter “under duress without prejudice”.

_{[4] Accordingly, the appeal is dismissed on the merits as well.}

Woodhouse J