| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA714/2013 [2013] NZCA 658 |
| BETWEEN | ALAN IVO GREER |
| AND | THE QUEEN |
| Hearing: | 12 December 2013 |
Court: | O'Regan P, Ellen France and Wild JJ |
Counsel: | Appellant in person with H Blackmore as McKenzie friend |
Judgment: | 16 December 2013 at 10 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by O’Regan P)
Introduction
The appellant, Mr Alan Greer, is currently on remand awaiting trial in the High Court at Wellington on 28 April 2014 on multiple counts of drug offending, one count of rape, four counts of threatening to kill, two counts of aggravated burglary and one count of possession of an offensive weapon. An earlier trial date of 30 September 2013 had been set but the trial was adjourned due to concerns as to a complainant and key Crown witness’s ability to appear and give evidence.[1] On 15 October 2013 Dobson J refused to grant Mr Greer’s bail application.[2] Mr Greer now appeals under s 66(1) of the Bail Act 2000 (the Act).[3]
Bail history
[1]R v Greer HC Wellington CRI-2012-035-991, 20 September 2013.
[3]Section 66 of the Bail Act 2000 continues to apply to this proceeding, despite its repeal, by virtue of s 397 of the Criminal Procedure Act 2011 as the proceeding was commenced before 1 July 2013.
Since his arrest in August 2012 Mr Greer has made six unsuccessful bail applications: on 28 August 2012 (before Miller J),[4] 8 October 2012 (before Kós J),[5] 13 February 2013 (before Williams J),[6] 30 May 2013 (before Williams J),[7] 23 August 2013 (before Williams J)[8] and the decision under appeal. He has also made an unsuccessful habeas corpus application, which was in essence an attempt to re‑litigate bail by other means.[9] He also appealed to this Court against the decision of Kós J declining him bail. That appeal was dismissed for want of jurisdiction, but the Court indicated it would not have been inclined to allow the appeal.[10]
[9]Greer v Chief Executive of the Department of Corrections HC Wellington CIV-2013-485-159, 5 February 2013. See Greer v New Zealand Police, above n 6, at [3].
[10]Greer v R [2013] NZCA 26 at [16].
Mr Greer has 151 previous convictions,[11] 55 of which (including serious sexual and violent offences) were committed whilst he was on bail. This history triggers the restrictions on a grant of bail in ss 10 and 12 of the Act. He is also said to have interfered with and threatened a Crown witness in the present case.[12]
[11]Greer v New Zealand Police, above…
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- AGLC
- Greer v The Queen [2013] NZCA 658
- Case
- [2013] NZCA 658
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that there had not been a material change in circumstances since the trial judge's decision. The court held that the appellant must establish that the refusal of bail was contrary to principle, or that the judge failed to consider all relevant matters or took into account irrelevant matters, or that the decision was plainly wrong. The Court of Appeal found no error in the trial judge's assessment that the appellant's history of offending on bail counted strongly against him. The court found that the appellant was unable to satisfy the court on the balance of probabilities that he would not commit an offence while on bail. The court concluded that the trial judge's exercise of discretion to refuse bail was principled and founded on a proper weighing of the relevant considerations. The appeal against the refusal of bail was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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