Gowing v The Queen
[2017] NZCA 26
•24 February 2017 at 4.30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA79/2017 [2017] NZCA 26 |
| BETWEEN | NIGEL FRASER GOWING |
| AND | THE QUEEN |
| Counsel: | N M Dutch for Applicant |
Judgment: (On the papers) | 24 February 2017 at 4.30 pm |
(BAIL) JUDGMENT OF WILD J
The application is dismissed.
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REASONS
This is an application for bail pending appeal. Sections 14 and 55 of the Bail Act 2000 apply, as does s 343 of the Criminal Procedure Act 2011.
Having been convicted on a charge of injuring with intent to injure, on 20 January Mr Gowing was sentenced to six months home detention. He filed a notice of appeal in this Court on 17 February and today, 24 February, applied for bail pending the hearing of that appeal.
The nub of the appeal is in paragraph 4 of Mr Dutch’s memorandum dated today:
A delay in hearing will effectively render the sentence aspect of the appeal nugatory. By the time of hearing the appellant is likely to have served much of his home detention sentence.
The short answer to this application is to bring the appeal on for hearing promptly. Time is available in Auckland on Thursday 9 March and I have pencilled this appeal in with an estimated hearing time of one hour.
Quite apart from the ability to hear the appeal promptly, I would not have granted bail. I cannot see here the exceptional circumstances that this Court has held are required,[1] and the fact that Mr Gowing’s sentence of home detention might have been largely completed by the time the appeal was heard (even if it were the case) is not sufficient to justify bail pending appeal.[2]
[1]Whitehead v R [2014] NZCA 300 and Iti v R [2012] NZCA 307.
[2]Hoffman v R [2016] NZCA 531 at [9].
For those reasons the application is dismissed.
Mr Dutch should contact this Court’s Registry to firm up the 9 March fixture and agree urgent timetabling of submissions with the Crown.
Solicitors:
Crown Law Office, Wellington for Respondent
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