IN THE COURT OF APPEAL OF NEW ZEALAND
CA663/2010
[2010] NZCA 495BETWEENKAY HALTON SKELTON
Appellant
ANDTHE QUEEN
Respondent
Counsel:B J Hart for Appellant
N P Chisnall for Respondent
Judgment:29 October 2010 at 9 am
(On the papers)
JUDGMENT OF HAMMOND J
The application for bail is dismissed.
REASONS
Introduction
[1] On 21 July 2010 the appellant was convicted in the Hamilton District Court on one count of perjury, having entered a guilty plea to that charge. She was remanded on bail. She was subsequently sentenced on 1 October 2010 to two years and eight months imprisonment.[1] On that same day, she lodged an appeal to this Court against the sentence. On 6 October 2010 the appellant was denied bail pending her appeal by Judge Tompkins in the District Court at Hamilton.
[1] R v Skelton DC Hamilton CRI-2008-019-7272, 1 October 2010.
[2] The appellant has now applied to this Court for bail pending the determination of the appeal, pursuant to s 70 of the Bail Act 2000. I personally have considered the application pursuant to s 393(2)(d) of the Crimes Act 1961. The parties consented to my doing so, on the papers.
[3] The test to be applied in relation to the application is that set out in s 14 of the Bail Act. Under s 14(1), 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. Section 14(2) provides that the onus is on the appellant to show cause why bail should be granted.
[4] Whilst not determinative, the considerations in s 14(3) are material and are a convenient framework for analysis. They are:
(a) The apparent strength of the grounds of appeal.
(b) The length of the sentence that has been imposed on the appellant.
(c) The likely length of time that will pass before the appeal is heard.
(d)The personal circumstances of the appellant and the appellant’s immediate family.
(e) Any other consideration that the Court considers relevant.
Apparent strength of proposed grounds of appeal
[5] The offending in this case was very serious and deliberate, going to the administration of justice. This occurred in the context of a prolonged dispute over several years between Ms Skelton and the father of their young child relating to contact and subsequently custody and parenting rights.
[6] The history was conveniently summarised by Judge Tompkins in his sentencing notes of 1 October 2010.[2] The Judge adopted a description of Ms Skelton as having participated in “a continuation of years of lies and manipulation of the Family Court and judicial system ...”.[3] The charge of perjury was initially laid in September 2008. A not guilty plea was maintained through the committal procedure and then up to and past a scheduled but aborted trial on 30 June 2010. Ms Skelton only entered a guilty plea on the eve of what was to be a second trial following that earlier…
Continue reading Skelton v The Queen
Sign in free to access the full text
- AGLC
- Skelton v The Queen [2010] NZCA 495
- Case
- [2010] NZCA 495
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.