Porter v The Queen

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA88/2018
[2019] NZCA 46

BETWEEN	TERANGIKOEANAKI PORTER Appellant
AND	THE QUEEN Respondent

Court:	French and Gilbert JJ
Counsel:	Appellant in Person Crown Law Office for Respondent
Judgment: (On the papers)	12 March 2019 at 11:30 am

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

Mr Porter filed an appeal on 20 February 2018 against his conviction for assault 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 a conference call.
On 19 November 2018, Winkelmann J issued a direction that Mr Porter must file detailed grounds of appeal no later than Friday 14 December 2018.[1]
[1]Porter v R CA88/2018, 19 November 2018.
Mr Porter failed to comply with that direction and accordingly the Court notified him on 11 February 2019 that unless the detailed grounds of appeal ordered by Winkelmann J were filed within ten working days, his appeal would be dismissed under s 338 of the Criminal Procedure Act 2011.
No grounds of appeal have been filed. The appeal is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

The Court of Appeal of New Zealand considered an appeal by Terangikoeanaki Porter against his conviction for assault with intent to injure. Porter filed his appeal on 20 February 2018, but the notice did not specify the grounds of appeal. Despite attempts by the Registry to contact Porter to arrange a conference call, he did not respond. Consequently, Winkelmann J issued a direction on 19 November 2018, requiring Porter to file detailed grounds of appeal by 14 December 2018. Porter did not comply with this direction, leading to a notification from the Court on 11 February 2019 that his appeal would be dismissed if he did not file the ordered grounds of appeal within ten working days. No grounds of appeal were filed by Porter.

The primary legal issue before the Court was whether Porter's failure to comply with the direction to file detailed grounds of appeal warranted the dismissal of his appeal. Under section 338 of the Criminal Procedure Act 2011, the Court has the discretion to dismiss an appeal if the appellant fails to comply with a direction made under the Act. The Court noted that Porter had been given multiple opportunities to file the required grounds of appeal but had failed to do so. The Court concluded that Porter's disregard for the directions and the statutory requirements left it with no option but to dismiss the appeal.

In its judgment, the Court emphasized the importance of adhering to procedural requirements in criminal appeals. The Court held that the statutory provisions and the directions issued under them are designed to ensure that appeals are heard on a proper and timely basis. Porter's non-compliance with the directions, despite multiple notices and opportunities to comply, justified the dismissal of his appeal. The Court found that the appeal did not meet the necessary procedural standards, leading to its dismissal.

The final order of the Court was that the appeal was dismissed. The Court did not grant Porter any further opportunity to file grounds of appeal or to argue his case. The dismissal effectively concluded Porter's appeal against his conviction.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established