PORTER v R [2019] NZCA 46
The appeal was properly dismissed because the appellant failed to comply with a clear judicial direction to file detailed grounds of appeal and no grounds were filed, permitting dismissal under s 338 of the Criminal Procedure Act 2011.
Source-derived case information.
- Citation
- [2019] NZCA 46
- Parties
- Appellant: Terangikoeanaki Porter; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 12 March 2019
- Procedural Posture
- Criminal Appeal / Appeal Dismissed on the Papers for Failure to File Grounds of Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Assault With Intent to Injure, Appeal Procedure, Dismissal for Non‑compliance With Court Directions, S 338 Criminal Procedure Act 2011
Source-derived case record
Summary, issues, holding and outcome
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Parties
Terangikoeanaki Porter
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissed on the Papers for Failure to File Grounds of Appeal
Legal Issues
- 1 Whether the appellant's failure to file detailed grounds of appeal and to comply with a judicial direction warranted dismissal of the appeal under s 338 Criminal Procedure Act 2011
- 2 Proper exercise of case management powers to dismiss for non‑compliance
Ratio Decidendi
The appeal was properly dismissed because the appellant failed to comply with a clear judicial direction to file detailed grounds of appeal and no grounds were filed, permitting dismissal under s 338 of the Criminal Procedure Act 2011.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed under s 338 of the Criminal Procedure Act 2011 for failure to file detailed grounds of appeal
Full Case Text
Judgment text and source record
1 paragraphs
PORTER v R [2019] NZCA 46 [12 March 2019]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA88/2018[2019] NZCA 46BETWEEN TERANGIKOEANAKI PORTERAppellantAND THE QUEENRespondentCourt: French and Gilbert JJCounsel: Appellant in PersonCrown Law Office for RespondentJudgment:(On the papers)12 March 2019 at 11:30 amJUDGMENT OF THE COURTThe appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] Mr Porter filed an appeal on 20 February 2018 against his conviction forassault with intent to injure. The notice of appeal did not state the grounds of appeal.Mr Porter failed to respond when the Registry attempted to contact him to arrange aconference call.[2] On 19 November 2018, Winkelmann J issued a direction that Mr Porter mustfile detailed grounds of appeal no later than Friday 14 December 2018.11 Porter v R CA88/2018, 19 November 2018.[3] Mr Porter failed to comply with that direction and accordingly the Courtnotified him on 11 February 2019 that unless the detailed grounds of appeal orderedby Winkelmann J were filed within ten working days, his appeal would be dismissedunder s 338 of the Criminal Procedure Act 2011.[4] No grounds of appeal have been filed. The appeal is dismissed.Solicitors:Crown Law Office, Wellington for Respondent