BASSETT v R [2022] NZCA 274
Because both parties filed affidavits and sought to cross-examine each other on their contents, the Court exercised its discretion to change the mode of hearing from papers to oral and ordered the application for leave to withdraw the notice of abandonment to be set down for oral hearing.
Source-derived case information.
- Citation
- [2022] NZCA 274
- Parties
- Applicant: Mihi Isibella Bassett; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 27 June 2022
- Procedural Posture
- Criminal Appeal / Interlocutory Application to Change Mode of Hearing for Application for Leave to Withdraw Notice of Abandonment; Set Down for Oral Hearing
- Outcome
- Application to change the mode of hearing allowed; application for leave to withdraw the notice of abandonment to be set down for oral hearing.
- Legal Topics
- Withdrawal of Abandonment, Mode of Hearing, Leave to Withdraw, Cross Examination of Affidavits
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mihi Isibella Bassett
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application to Change Mode of Hearing for Application for Leave to Withdraw Notice of Abandonment; Set Down for Oral Hearing
Legal Issues
- 1 Whether the court should change the mode of hearing from papers to oral for the application to withdraw the notice of abandonment
- 2 Whether cross-examination of affidavits filed (including of trial counsel) makes an oral hearing necessary
- 3 Whether the application for leave to withdraw the notice of abandonment should be set down for oral hearing
Ratio Decidendi
Because both parties filed affidavits and sought to cross-examine each other on their contents, the Court exercised its discretion to change the mode of hearing from papers to oral and ordered the application for leave to withdraw the notice of abandonment to be set down for oral hearing.
Court Disposition
Application to change the mode of hearing allowed; application for leave to withdraw the notice of abandonment to be set down for oral hearing.
Orders
- Application to change the mode of hearing is allowed.
- The application for leave to withdraw the notice of abandonment of the original appeal is to be set down for oral hearing.
Full Case Text
Judgment text and source record
1 paragraphs
BASSETT v R [2022] NZCA 274 [27 June 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA599/2016[2022] NZCA 274BETWEEN MIHI ISIBELLA BASSETTApplicantAND THE QUEENRespondentCourt: Collins and Dobson JJCounsel: I A Jayanandan for AppellantC A Brook for RespondentJudgment:(On the papers)27 June 2022 at 10.00 amJUDGMENT OF THE COURTThe application to change the mode of hearing for the application for leave towithdraw notice of abandonment of the original appeal is allowed.That application is to be set down for oral hearing.____________________________________________________________________REASONS OF THE COURT(Given by Dobson J)[1] The applicant, Ms Bassett, is serving a sentence of 10 years' imprisonment fora variety of offending. She was sentenced on 26 October 2016 and thereafter filed atimely appeal against her sentence.1 However she filed a notice abandoning thatappeal in April 2017.1 R v Bassett [2016] NZDC 21398.[2] In July 2021 Ms Bassett filed appeals against both her convictions andsentence. She subsequently sought leave to withdraw her notice of abandonment ofthe original appeal against sentence. Ms Bassett and the Crown initially agreed thatthe withdrawal application could be determined on the papers and the Court issued aminute to that effect following a telephone conference on 15 February 2022.[3] However, subsequent to Ms Bassett filing a waiver of privilege in respect ofher instructions to trial counsel, Mr Dooney, he has completed an affidavit in respectof his instructions which has been filed on behalf of the Crown. For her part,Ms Bassett has also filed an affidavit and each side now wishes to cross-examine theother on the content of those affidavits.[4] Ms Bassett has applied for an order changing the mode of hearing of herapplication for leave to withdraw the abandonment of her original appeal andthe Crown consents to that.[5] It is appropriate to hear the proposed cross-examination, necessitating ahearing.[6] Accordingly, the present application is granted and we direct thatthe application for leave to withdraw the notice of abandonment of the original appealbe set down for oral hearing.Solicitors:Crown Law Office, Wellington for Respondent