R v Ogawa

The respondent was convicted by a jury of two counts of using a carriage service to harass and two counts of using a carriage service to make a threat. The respondent was sentenced to six months imprisonment on each count, with the sentences to run concurrently. The respondent was ordered to be released after serving four months imprisonment, subject to certain conditions. The respondent was granted bail pending appeal. The respondent appealed against the decision to grant bail. The primary judge found that the appeal had no reasonable prospects of success, but nevertheless granted bail. The primary judge found that the sentence was not excessive, and that there was no need for deterrence.

The legal issues before the court were whether the primary judge erred in failing to apply the principle that there should be strong grounds for holding that the appeal would be allowed before bail should be granted, and whether the primary judge erred in evaluating the relevance of the alleged shortness of the respondent's custodial term. The court found that the primary judge did not err in failing to apply the principle that there should be strong grounds for holding that the appeal would be allowed before bail should be granted. The court found that the primary judge was correct to consider the shortness of the custodial term, and that the primary judge did not err in evaluating the relevance of the alleged shortness of the custodial term. The court found that the primary judge did not err in granting bail. The appeal was dismissed.