KURA v R [2022] NZCA 196
Leave to appeal out of time was declined because the appeal was filed 795 working days late, the applicant repeatedly failed to comply with court directions and a formal notice, and no reasonable explanation was provided; under the Criminal Procedure Act 2011 the court properly exercised its discretion to refuse...
Source-derived case information.
- Citation
- [2022] NZCA 196
- Parties
- Applicant: Te Ariki Adrian Kura; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 May 2022
- Procedural Posture
- Appeal Against Sentence / Application for Leave to Appeal Out of Time (leave Declined)
- Outcome
- Application for leave to appeal out of time declined; appeal disposed.
- Legal Topics
- Leave to Appeal Out of Time, Failure to Prosecute, Court Directions, Dismissal Under S 338 Criminal Procedure Act 2011
Source-derived case record
Summary, issues, holding and outcome
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Parties
Te Ariki Adrian Kura
Applicant
The Queen
Respondent
Procedural Posture
Appeal Against Sentence / Application for Leave to Appeal Out of Time (leave Declined)
Legal Issues
- 1 Whether to grant leave to appeal out of time
- 2 Whether the appeal should be dismissed for failure to comply with court directions and for want of prosecution
- 3 Application of Criminal Procedure Act 2011 ss 248(2) and 338(1)
Ratio Decidendi
Leave to appeal out of time was declined because the appeal was filed 795 working days late, the applicant repeatedly failed to comply with court directions and a formal notice, and no reasonable explanation was provided; under the Criminal Procedure Act 2011 the court properly exercised its discretion to refuse leave and thereby dispose of the appeal.
Court Disposition
Application for leave to appeal out of time declined; appeal disposed.
Orders
- Application for leave to appeal out of time declined.
- Appeal disposed of.
Full Case Text
Judgment text and source record
1 paragraphs
KURA v R [2022] NZCA 196IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA47/2021[2022] NZCA 196BETWEEN TE ARIKI ADRIAN KURAApplicantAND THE QUEENRespondentCourt: French, Gilbert and Collins JJCounsel: Applicant in personS K Barr for RespondentJudgment:(On the papers)19 May 2022 at 10.15 amJUDGMENT OF THE COURTThe application for leave to appeal out of time is declined.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] Mr Kura filed an appeal against sentence on 4 February 2021. The appeal wasfiled 795 working days out of time and accordingly leave to appeal was required.1[2] Mr Kura's counsel advised the Court that he had been unable to progress theappeal because Mr Kura had failed to respond to counsel's attempts to contact him.Having been unable to obtain instructions, counsel sought leave to withdraw.1 Criminal Procedure Act 2011, s 248(2).[3] In a minute dated 30 November 2021 French J directed that the application forleave to appeal out of time and the appeal be set down for hearing. French J furtherdirected that Mr Kura was to file submissions by Friday 17 December 2021. Once theminute had been forwarded to Mr Kura, counsel was granted leave to withdraw.2[4] In breach of the direction, Mr Kura failed to file any submissions by Friday17 December 2021.[5] On 12 April 2022, French J issued a second minute giving Mr Kura formalnotice that unless he filed his submissions by Monday 2 May 2022 he was at risk ofthe Court exercising its powers under s 338(1) of the Criminal Procedure Act 2011 anddismissing his appeal.3[6] Mr Kura has not complied with this formal notice and no reasonableexplanation for the continuing default has been provided.[7] We have therefore decided to decline the application for leave to appeal whicheffectively disposes of the appeal.Solicitors:Crown Law Office, Wellington for Respondent2 Kura v R CA47/2021, 30 November 2021.3 Kura v R CA47/2021, 12 April 2022.