TENAKORE V R CA426/2014 [2015] NZCA 44
The Court dismissed the application for leave and the appeal against conviction because the appeals lacked merit; the appellant had notice of the hearing, counsel had been permitted to withdraw for inability to obtain instructions, and there was no basis to grant leave or disturb the conviction.
Source-derived case information.
- Citation
- [2015] NZCA 44
- Parties
- Appellant: Tearoa Tenakore; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 5 March 2015
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction (hearing)
- Outcome
- Application for leave to appeal dismissed; appeal against conviction dismissed.
- Legal Topics
- Leave to Appeal, Conviction, Guilty Plea
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tearoa Tenakore
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction (hearing)
Legal Issues
- 1 Whether leave to appeal on a question of law should be granted
- 2 Whether the conviction entered after a guilty plea should be overturned
Ratio Decidendi
The Court dismissed the application for leave and the appeal against conviction because the appeals lacked merit; the appellant had notice of the hearing, counsel had been permitted to withdraw for inability to obtain instructions, and there was no basis to grant leave or disturb the conviction.
Court Disposition
Application for leave to appeal dismissed; appeal against conviction dismissed.
Orders
- Application for leave to appeal dismissed.
- Appeal against conviction dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
DRAFTTENAKORE V R CA426/2014 [2015] NZCA 44 [5 March 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA426/2014[2015] NZCA 44BETWEEN TEAROA TENAKOREAppellantAND THE QUEENRespondentHearing: 2 March 2015Court: Harrison, Fogarty and Dobson JJCounsel: No appearance for AppellantW Cathcart for RespondentJudgment: 5 March 2015 at 11.15 amJUDGMENT OF THE COURTA The application for leave to appeal is dismissed.B The appeal against conviction is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Dobson J)[1] This application for leave to appeal on a question of law and appeal against conviction following a plea of guilty were set down for hearing and were called on 2 March 2015. There was no appearance for Mr Tenakore.[2] This Court had previously given the Public Defence Service leave to withdraw as counsel for Mr Tenakore, in reliance on their inability to obtain instructions. We are satisfied that Mr Tenakore had notice of the fixture.[3] We are not satisfied that the application for leave to appeal or the appeal against conviction have any merit and both are dismissed accordingly.Solicitors:Crown Law Office, Wellington for the Respondent