DAVIES v R [2019] NZCA 87

DAVIES v R [2019] NZCA 87

The Court granted the extension of time but, on consideration of the merits, found the appellant's grounds lacking and dismissed the appeals against both conviction and sentence.

Source-derived case information.

Citation
[2019] NZCA 87
Parties
Appellant: Michael Joseph Davies (aka Michael Joseph Waipouri); Respondent: The Queen
Court
Court of Appeal
Jurisdiction
New Zealand
Judgment Date
2 April 2019
Procedural Posture
Criminal Appeal / Determination of Extension of Time and Appeal on Merits (court of Appeal Judgment)
Outcome
Extension of time granted; appeal against conviction dismissed; appeal against sentence dismissed.
Legal Topics
Extension of Time, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Appellate Procedure Extension of Time Appeal Against Conviction Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Joseph Davies (aka Michael Joseph Waipouri)

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Determination of Extension of Time and Appeal on Merits (court of Appeal Judgment)

Legal Issues

  1. 1 Whether to grant an extension of time for filing an appeal
  2. 2 Whether the conviction should be overturned
  3. 3 Whether the sentence should be varied or overturned

Ratio Decidendi

The Court granted the extension of time but, on consideration of the merits, found the appellant's grounds lacking and dismissed the appeals against both conviction and sentence.

Court Disposition

Extension of time granted; appeal against conviction dismissed; appeal against sentence dismissed.

Orders

  • The application for an extension of time is granted.
  • The appeal against conviction is dismissed.