IN THE COURT OF APPEAL OF NEW ZEALAND
CA296/06
[2007] NZCA 76THE QUEEN
v
ROBERT CHARLES DE BRUIN
Hearing:14 March 2007
Court:Robertson, Baragwanath and Venning JJ
Counsel:R A A Weir for Applicant
A J F Perkins for Crown
Judgment:14 March 2007
Reasons:19 March 2007
JUDGMENT OF THE COURT
THE APPLICATION FOR BAIL IS DECLINED.
____________________________________________________________________
REASONS OF THE COURT
(Given by Venning J)
Introduction
[1] The applicant seeks bail pending the hearing of his appeals against conviction and sentence. At the conclusion of the hearing on 14 March 2007, we advised the application for bail was declined and that reasons would follow.
Background
[2] On 20 May 2006 the applicant was found guilty of a number of counts of serious drug offending. He was sentenced to 12 years’ imprisonment. He appeals against conviction and sentence. The appeals are to be heard on 22 May 2007.
[3] The trial was the fourth relating to these matters. The juries in the first two trials were discharged before verdict. The applicant together with a co-accused Mr Smith was found guilty at a third trial. The applicant successfully appealed to this Court against conviction. He was granted a retrial. Before the retrial the Crown charged a Mr Sorby with a number of the offences that the applicant was facing. A fresh indictment was laid charging the applicant and Mr Sorby jointly with a number of counts.
[4] The applicant seeks bail pending the hearing of his appeal on the grounds that (in counsel’s words):
On the balance of probabilities, in the particular circumstances of this case, [it is] in the interests of justice to do so, given the personal circumstances of the appellant and the apparent strength of the grounds of appeal.
[5] The sole ground of appeal is that the applicant was not able to take part in the depositions hearing relating to the charges the Crown brought against Mr Sorby. It is submitted that, in particular, Mr de Bruin wished to cross-examine Mr Smith, who, after conviction, had agreed to assist the police.
[6] Additionally, the applicant was diagnosed with small cell lung cancer, an extremely aggressive cancer, in December 2006. He has been transferred to the medical unit at Paremoremo Prison.
[7] Mr de Bruin applied for bail in the High Court. Before that hearing could be concluded because of the unavailability of the Judge dealing with the application until the end of the month, Mr Weir prevailed on this Court to hear the application as an emergency.
Decision
[8] Section 14 of the Bail Act 2000 applies. The onus is on the applicant to show cause why bail should be granted. The Court must not grant bail “unless it is satisfied on the balance of probabilities that it would be in the interest of justice” to do so in a particular case. By s 14(3) the Court is directed that it may take into account the following considerations:
(a) the apparent strength of the grounds of appeal:
(b) the…
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- AGLC
- R v de Bruin [2007] NZCA 76
- Case
- [2007] NZCA 76
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