R (CA380/2012) v The Queen

In the Court of Appeal of New Zealand, the appellant, R, appealed against the decision to refuse electronically monitored bail. The appellant had been arrested after a search of her home revealed a substantial amount of methamphetamine, firearms, explosives, and cash, along with a sophisticated surveillance system. She was charged with possession of methamphetamine and cannabis for supply, and multiple counts of possession of firearms and explosives. The appellant sought electronically monitored bail to reside with a friend and her daughter, who had no concerns about safety. Section 16 of the Bail Act 2000 applied, as the appellant had prior convictions for drug dealing offences.

The court examined the decision to refuse electronically monitored bail, considering the risks of the appellant failing to appear, interfering with witnesses or evidence, and reoffending while on bail. The Judge noted police concerns about the flight risk and the appellant's past failure to answer bail but did not find these factors decisive. However, the Judge was persuaded by the risk of reoffending, assessing the appellant to be at a real risk of lapsing back into drug offending. Consequently, the Judge declined the bail application but granted leave for the appellant to return in six months to potentially persuade the court of sound reasons for bail.

The appellant argued that the risk of reoffending could be managed with bail conditions such as drug testing, and that electronic monitoring and passport surrender could mitigate the flight risk. The respondent argued that the refusal of bail was justified due to the strength of the case, the likely sentence, and the presence of weapons and surveillance equipment. The Court of Appeal found that the Judge had not erred in exercising discretion, as the risk of reoffending, given the circumstances, was sufficiently significant to justify the refusal of bail.

The appeal was dismissed, and the order prohibiting the publication of the appellant's identifying details remained in effect until the final disposition of the trial.