Geros v The Queen
[2010] NZCA 525
•18 November 2010
IN THE COURT OF APPEAL OF NEW ZEALAND
CA321/2010
[2010] NZCA 525AND BETWEEN MARCELL SYDNEY GEROS
Appellant
ANDTHE QUEEN
Respondent
Counsel:Appellant in person
M D Downs for Respondent
Judgment:18 November 2010
JUDGMENT OF RANDERSON J
The application for bail is dismissed.
REASONS
[1] The appellant was convicted of wounding with intent to cause grievous bodily harm, burglary and theft. He was sentenced to seven years three months imprisonment.
[2] The appellant has appealed to this Court against his conviction and sentence. The appeal is to be heard on 3 March 2011.
[3] The appellant has applied for bail pending the determination of his appeal, pursuant to s 70 of the Bail Act 2000. I have considered the application under s 393(2)(d) of the Crimes Act 1961.
[4] The test to be applied in relation to the application is set out in s 14 of the Bail Act. 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. The onus is on the appellant to show cause why bail should be granted.
[5] The appellant states in a letter to this Court that he wishes to be reunited with his partner and young child. He is 17 years of age.
[6] The Crown opposes bail: the appellant pleaded guilty with the assistance of competent legal counsel; the reason given for pleading guilty (that he was tricked by counsel into believing he would receive a non-custodial sentence) is inherently implausible; given the length of the sentence there is no prospect the appeal will be rendered nugatory; the presumption in s 15 of the Bail Act 200 in favour of bail for a person under 20 does not extend to the post-conviction period; and the consequences to the victim of the attack were very serious.
[7] For the reasons given by the Crown, I am not persuaded that bail should be granted. The application is dismissed accordingly.
Solicitors:
Crown Law Office, Wellington for Respondent
0
0
0