JAVED v R [2020] NZCA 282
Because the appellant mistakenly intended to seek an adjournment, the Crown did not oppose withdrawal, and allowing withdrawal was in the interests of justice, the Court granted leave to withdraw the notice of abandonment and reinstated the appeal.
Source-derived case information.
- Citation
- [2020] NZCA 282
- Parties
- Appellant: Abdul Javed; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 July 2020
- Procedural Posture
- Criminal Appeal / Application to Withdraw Notice of Abandonment; Appeal Reinstated
- Outcome
- Application for leave to withdraw notice of abandonment granted; appeal reinstated.
- Legal Topics
- Withdrawal of Notice of Abandonment, Reinstatement of Appeal, Adjournment Versus Abandonment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Javed
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application to Withdraw Notice of Abandonment; Appeal Reinstated
Legal Issues
- 1 Whether a notice of abandonment of appeal may be withdrawn
- 2 Whether reinstatement is appropriate where appellant mistakenly intended to seek an adjournment
- 3 Whether interests of justice require reinstatement given appellant's detention and treatment program
Ratio Decidendi
Because the appellant mistakenly intended to seek an adjournment, the Crown did not oppose withdrawal, and allowing withdrawal was in the interests of justice, the Court granted leave to withdraw the notice of abandonment and reinstated the appeal.
Court Disposition
Application for leave to withdraw notice of abandonment granted; appeal reinstated.
Orders
- Application for leave to withdraw the notice of abandonment dated 22 June 2020 is granted and the appeal is reinstated.
- The Registrar is to allocate a new hearing date after mid-September 2020 and if possible in Wellington.
Full Case Text
Judgment text and source record
1 paragraphs
JAVED v R [2020] NZCA 282 [13 July 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA703/2018[2020] NZCA 282BETWEEN ABDUL JAVEDAppellantAND THE QUEENRespondentCourt: French, Courtney and Goddard JJCounsel: Appellant in personE J Hoskin for RespondentJudgment:(On the papers)13 July 2020 at 9 amJUDGMENT OF THE COURTA The application for leave to withdraw the notice of abandonment of appealdated 22 June 2020 is granted and the appeal is reinstated.B The Registrar is to allocate a new hearing date after mid-September 2020and if possible in Wellington.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] Mr Javed is a self-represented appellant.[2] His appeal was due to be heard on 23 July 2020 in Auckland.[3] On 22 June 2020, Mr Javed signed and filed a notice of abandonment of appeal.The Court then issued a notice of result certifying that the appeal had been abandoned.[4] Subsequently, Mr Javed wrote to the Court asking for his appeal to bereinstated. In his letter, he explains that he is in the middle of a drug treatmentprogramme at Rimutaka prison where he is being held and so could not attend ahearing in Auckland. He asks that the appeal be reinstated and given a new hearingdate after his drug treatment programme finishes in mid-September or that it be givena Wellington fixture[5] The Crown accepts that Mr Javed appears to have intended to abandon thehearing date — that is, seek an adjournment — rather than abandon the appeal entirely.It therefore does not oppose the application for reinstatement.[6] We are satisfied that in all the circumstances it would be in the interests ofjustice to allow Mr Javed to withdraw his notice of abandonment.[7] The application for leave to withdraw the notice of abandonment is accordinglygranted and the appeal reinstated. We also direct the Registrar to allocate a newhearing date after mid-September 2020 and if possible in Wellington.Solicitors:Crown Law Office, Wellington for Respondent