Bell v The Queen
[2014] NZCA 29
•21 February 2014 at 2.30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA57/2014 [2014] NZCA 29 |
| BETWEEN | STUART CRELLIN BELL |
| AND | THE QUEEN |
| Counsel: | R W Maze for Appellant |
Judgment (On the Papers): | 21 February 2014 at 2.30 pm |
JUDGMENT OF MILLER J
(Bail application)
The application for bail is dismissed.
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REASONS
Mr Bell has moved for bail pending his appeal against a sentence of two years, three months imprisonment.
The grounds advanced are that no credit was given for reparation, there were strong factors favouring home detention, and imprisonment is disproportionately severe because of Mr Bell’s mental health difficulties and the impact on his family. There is evidence that Mr Bell suffers anxiety and dissociative amnesia.
However, the prospects of the sentence being reduced to a point where home detention is available do not appear strong enough to warrant bail. Mr Bell evidently did not seek to benefit himself directly, but his frauds were extensive and premeditated. He occupied a senior position. He caused others very substantial losses, and there is evidently no prospect of full reparation. The Crown case was strong, and guilty pleas were entered late. The Judge adopted a starting point of four years and discounted it substantially for mental health considerations, guilty pleas and remorse, and for previous good character, personal circumstances and restorative justice outcomes (including such reparation as is available).
The proper course, if an alternative sentence is sought, is to request an early fixture for the hearing of Mr Bell’s appeal. In the meantime, the onus is on Mr Bell and I am not satisfied that bail should be granted.
The application is dismissed. Mr Bell may have this decision reviewed by a Court of three Judges.
Solicitors:
Crown Law Office, Wellington for Respondent
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