PATUWAI v R [2021] NZCA 373

PATUWAI v R [2021] NZCA 373 [10 August 2021]NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION ORIDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BYSS 203 AND 204 OF THE CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA28/2016[2021] NZCA 373BETWEEN CHARLIE PATUWAIApplicantAND THE QUEENRespondentCourt: Goddard, Thomas and Wylie JJCounsel: Applicant in PersonM L Wong for RespondentJudgment:(On the papers)10 August 2021 at 10.00 amJUDGMENT OF THE COURTThe application for leave to withdraw the notice of abandonment of appeal isdeclined.____________________________________________________________________REASONS OF THE COURT(Given by Thomas J)[1] Charlie Patuwai was convicted following a jury trial of nine charges of sexualoffending. In December 2015, he was sentenced to eight years' imprisonment.11 R v Patuwai [2015] NZDC 25775.[2] In January 2016, Mr Patuwai filed an appeal in this Court against hisconvictions and sentence, but did not particularise any grounds of appeal.He abandoned that appeal in July 2016 by filing a notice to that effect.[3] However, in November 2020 Mr Patuwai filed a notice applying for leave towithdraw his notice of abandonment. He says he never intended to abandon the appealand was in shock when he did so. He was represented by counsel at the time.[4] Although Mr Patuwai has advised the Deputy Registrar he does not wish topursue his application for leave to withdraw his abandonment,2 he has not withdrawnor abandoned his application.[5] By a minute dated 1 June 2021, Miller J informed Mr Patuwai that his appealwould be set down for an on the papers hearing. The minute warned Mr Patuwai that,if he took no steps, it was likely this Court would dismiss his appeal for want ofprosecution. Mr Patuwai has taken no steps in response to that minute.[6] Mr Patuwai was sentenced over six years ago. He lodged his appeal andabandoned it over five years ago. Although he sought to resile from the abandonment,he has taken no steps to pursue his application or appeal. Mr Patuwai has neverparticularised his grounds of appeal, meaning it is not possible to assess the merits ofhis appeal.[7] In these circumstances, Mr Patuwai's application must be dismissed for wantof prosecution.Result[8] The application for leave to withdraw the notice of abandonment of appeal isdeclined.Solicitors:Crown Law, Wellington for Respondent2 The Deputy Registrar noted her telephone conversation with Mr Patuwai on 25 February 2021.He instructed her to abandon his appeal. She explained he needed to file a notice of abandonmentand emailed the form to him that same day.