TAMAKA v NEW ZEALAND POLICE [2022] NZHC 1383
The appeal was dismissed because there was no error apparent on the face of the record and the appellant, after counsel withdrew for lack of instructions, failed to take any steps to prosecute the appeal despite being warned; that silence justified the inference he did not wish to pursue the appeal.
Source-derived case information.
- Citation
- [2022] NZHC 1383
- Parties
- Appellant: Damien Tamaka; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 June 2022
- Procedural Posture
- Criminal Appeal / Appeal on the Papers; Dismissed for Want of Prosecution
- Outcome
- Appeal dismissed
- Legal Topics
- Discharge Without Conviction, Indecent Act, Withdrawal of Counsel, Failure to Prosecute
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damien Tamaka
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal / Appeal on the Papers; Dismissed for Want of Prosecution
Legal Issues
- 1 Whether the conviction should be overturned or a discharge without conviction granted
- 2 Whether the appeal should be dismissed for want of prosecution following counsel's withdrawal and appellant's silence
- 3 Whether any error is apparent on the face of the record
Ratio Decidendi
The appeal was dismissed because there was no error apparent on the face of the record and the appellant, after counsel withdrew for lack of instructions, failed to take any steps to prosecute the appeal despite being warned; that silence justified the inference he did not wish to pursue the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
TAMAKA v NEW ZEALAND POLICE [2022] NZHC 1383 [13 June 2022]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECRI-2022-485-15[2022] NZHC 1383BETWEEN DAMIEN TAMAKAAppellantAND NEW ZEALAND POLICERespondentOn the papersCounsel: No appearance for AppellantCrown Solicitor, Wellington for RespondentJudgment: 13 June 2022JUDGMENT OF SIMON FRANCE J[1] Mr Tamaka was convicted of wilfully doing an indecent act. He unsuccessfullysought a discharge without conviction.1 He instructed counsel to appeal which wasdone. A fixture was allocated.[2] On 23 May counsel sought leave to withdraw having been unable to obtaininstructions. Leave was granted.[3] The Registry was directed to write to Mr Tamaka requiring him to contact theCourt as to his intentions. He was warned ongoing silence would risk the inferencehe did not wish to pursue the appeal. Nothing has been received. The judgment underappeal records a similar history of difficulty for counsel in advancing the applicationfor discharge without conviction.1 New Zealand Police v Tamaka [2022] NZDC 4984.[4] There is no error apparent on the face of the record. In the absence of anyeffort to advance the appeal, the appeal is dismissed.___________________Simon France JSolicitors:Crown Solicitor, Wellington for Respondent