Wiki v Police [2012] NZHC 2211 (29 August 2012)

Last Updated: 14 September 2012

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2012-488-28 [2012] NZHC 2211

WILLIAM JASON WIKI

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing: On the Papers

Appearances: Appellant in person (assisted by his mother, Mrs Wiki, as McKenzie

Friend)

TR Nicholls for Respondent

Judgment: 29 August 2012

_{RECALL OF JUDGMENT}

This judgment was delivered by me on 29 August 2012 at 4:25 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

W Wiki, C/- 38 Johnston Road, Kawakawa, Northland

TR Nicholls, Crown Solicitor, Whangarei: [e-mail]

WIKI V NEW ZEALAND POLICE HC WHA CRI-2012-488-28 [29 August 2012]

[1] At 11:00 am today I issued a Judgment[1] dismissing Mr Wiki’s appeal against his conviction and sentence on charges of threatening to cause grievous bodily harm and escaping lawful custody.

[2] After the hearing of the appeal on 12 July 2012, I indicated I would not issue judgment pending further inquiries which I asked counsel for the respondent to undertake. Following receipt of counsel’s report, I issued a Minute dated

14 August 2012 giving Mr Wiki until 24 August 2012 to respond to the matters referred to in the memorandum. No response was referred to me. I recorded in my Judgment that Mr Wiki had chosen not to respond and gave judgment accordingly.

[3] After the release of my Judgment, the Registrar of the Court in Whangarei drew my attention to a letter from the appellant dated 24 August 2012 which was stamped as having been received in the Registry office at 2:56 pm that day, but had apparently been mislaid.

[4] In the circumstances, I recall my earlier Judgment pursuant to my inherent powers and will issue a further Judgment once I have taken Mr Wiki’s representations into account.

..........................................

_{Toogood J}

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[1] Wiki v NZ Police [2012] NZHC 2188.