Francis v The Queen

[2011] NZCA 145

IN THE COURT OF APPEAL OF NEW ZEALAND

CA102/2011
[2011] NZCA 145

BETWEEN  NICOLA MAREE FRANCIS
Appellant

AND  THE QUEEN
Respondent

Counsel:         G King for Appellant
P Murray for the Respondent

Judgment:      11 April 2011 at 2.30 pm

(On the papers)

JUDGMENT OF HARRISON J

Application for bail is dismissed.

REASONS

1. The appellant, Ms Nicola Francis, applies for bail pending determination of her appeal to this Court.[1]  The Crown opposes.  Counsel for both parties have filed memoranda.

   [1]Pursuant to the Bail Act 2000, s 70.

2. Ms Francis appeals against a sentence of 20 months imprisonment and payment of $5,000 in reparation imposed by Judge Garland in the District Court at Palmerston North on 25 February 2011.[2]

   [2]R v Garland DC Palmerston North CRI-2010-054-1507, 25 February 2011.

3. The test to be applied is set out in s 14 of the Bail Act 2000.  Under s 14(1), bail is not to be granted unless the Court is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.  Section 14(2) provides that the onus is on the appellant to show cause why bail should be granted.

4. Having considered the discretionary criteria,[3] I am not satisfied that bail should be granted for these reasons:

   (a)Ms Francis’ appeal is based upon the ground that the Judge should have imposed a sentence of home detention.  The Judge exercised a discretion.  He gave particular weight to the sentencing purposes of denunciation and deterrence given the seriousness of the offending.  Ms Francis has not satisfied me at this stage that her grounds of appeal are strong.

   (b)The sentence is relatively short.

   (c)The Court should be able to allocate a fixture to hear the appeal within the next two months.

   [3]Bail Act 2000, s 14(3).

5. Ms Francis’ application for bail is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent