TRAINOR v R [2023] NZCA 111
The appeal was dismissed because the appellant failed to comply with the Court's direction to file full particularised grounds of appeal by the deadline, did not return a signed notice of abandonment, and provided no reasonable explanation for continuing non-compliance, permitting dismissal under s 338 of the...
Source-derived case information.
- Citation
- [2023] NZCA 111
- Parties
- Appellant: Patrick Clifford Trainor; Respondent: The King
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 April 2023
- Procedural Posture
- Criminal Appeal Against Conviction and Sentence / Court of Appeal (on the Papers)
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Procedure, Abandonment of Appeal, Non Compliance With Court Directions, Dismissal Under S 338 Criminal Procedure Act 2011
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Clifford Trainor
Appellant
The King
Respondent
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Court of Appeal (on the Papers)
Legal Issues
- 1 Whether the appellant abandoned the appeal without filing a signed notice of abandonment
- 2 Whether failure to file particularised grounds of appeal as directed justified dismissal
- 3 Application of s 338 Criminal Procedure Act 2011 for dismissal due to non-compliance
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the Court's direction to file full particularised grounds of appeal by the deadline, did not return a signed notice of abandonment, and provided no reasonable explanation for continuing non-compliance, permitting dismissal under s 338 of the Criminal Procedure Act 2011.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
TRAINOR v R [2023] NZCA 111 [19 April 2023]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA462/2022[2023] NZCA 111BETWEEN PATRICK CLIFFORD TRAINORAppellantAND THE KINGRespondentCourt: French, Gilbert and Clifford JJCounsel: Appellant in personCrown Law Office for RespondentJudgment:(On the papers)19 April 2023 at 2.15 pmJUDGMENT OF THE COURTThe appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] On 7 September 2022 Mr Trainor filed an appeal against conviction andsentence.[2] In a minute dated 23 November 2022 Courtney J directed that fullparticularised grounds of appeal be filed and served by 7 December 2022.[3] On 1 December 2022 Mr Trainor telephoned the Court to advise that he haddismissed his lawyer and decided to abandon the appeal. The Registrar forwardedMr Trainor a notice of abandonment that same day to complete and sign.[4] A signed notice of abandonment was never returned to the Court and theparticulars of the grounds of appeal were never filed.[5] By minute dated 9 February 2023, French J noted that in the absence of asigned notice of abandonment, the appeal must be treated as still on foot.[6] The minute went on to put Mr Trainor on notice that unless he complied withCourtney J's direction and filed full particulars of grounds of appeal by Friday24 March 2023 his appeal was at risk of being dismissed under s 338 of the CriminalProcedure Act 2011.[7] 24 March 2023 has been and gone and the particularised grounds of appealhave still not been filed. There has been no reasonable explanation for the continuingnon-compliance.[8] The appeal is accordingly dismissed.Solicitors:Crown Law Office, Wellington for Respondent