INWOOD v POLICE [2021] NZHC 3515
Because appeals depend on statutory authority and the Criminal Procedure Act 2011 provides no right to appeal the withdrawal of a sentence indication, the proposed appeal must be dismissed.
Source-derived case information.
- Citation
- [2021] NZHC 3515
- Parties
- Appellant: Daniel James Inwood; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 December 2021
- Procedural Posture
- Criminal Appeal / Application to Appeal Withdrawal of Sentence Indication; Dismissed
- Outcome
- Proposed appeal dismissed.
- Legal Topics
- Sentence Indication, Appealability, Statutory Interpretation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel James Inwood
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal / Application to Appeal Withdrawal of Sentence Indication; Dismissed
Legal Issues
- 1 Whether the withdrawal of a sentence indication is appealable
- 2 Whether the Criminal Procedure Act 2011 permits an appeal against withdrawal of a sentence indication
Ratio Decidendi
Because appeals depend on statutory authority and the Criminal Procedure Act 2011 provides no right to appeal the withdrawal of a sentence indication, the proposed appeal must be dismissed.
Court Disposition
Proposed appeal dismissed.
Orders
- Proposed appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
INWOOD v POLICE [2021] NZHC 3515 [17 December 2021]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECRI-2021-404-000505CRI-2021-404-000506[2021] NZHC 3515BETWEEN DANIEL JAMES INWOODAppellantAND NEW ZEALAND POLICERespondentHearing: 17 December 2021Counsel: PT Eastwood for AppellantILM Archibald for RespondentJudgment: 17 December 2021ORAL JUDGMENT OF DOWNS JSolicitors/Counsel:Crown Solicitor, Auckland.PT Eastwood, Auckland.[1] Daniel Inwood has filed what is intended to be a notice of appeal. Mr Inwoodsought a sentence indication. Judge O Cassidy gave one but later withdrew it.Mr Inwood wishes to appeal the withdrawal of the indication.[2] The proposed appeal confronts a fundamental difficulty. It is not possible toappeal the withdrawal of a sentence indication. An appeal is a creature of statute andthe applicable statute—the Criminal Procedure Act 2011—provides no appeal inrelation to the withdrawal of a sentence indication. Indeed, the statute provides noappeal in relation to sentence indications more generally. If a defendant is unhappywith an indication, he or she has two choices. Decline to accept the indication. Oraccept it, and then appeal the sentence. But, again, it is not possible to appeal thewithdrawal of an indication.[3] This was made clear to Mr Eastwood, Mr Inwood's lawyer, when the proposedappeal was first raised in the callover system (on 3 December 2021).[4] The proposed appeal is dismissed...Downs J