The Queen v Aram

[2006] NZCA 355

IN THE COURT OF APPEAL OF NEW ZEALAND

CA407/06

THE QUEEN

v

SHAHRAM ARAM

Hearing:13 December 2006

Counsel:P T R Heaslip for Appellant

M D Downs for Crown

Judgment:13 December 2006 

JUDGMENT OF WILLIAM YOUNG P

The application for bail is declined.

REASONS

[1]       The appellant was found guilty in August 2006 on serious drug charges.  He was subsequently (in October 2006) sentenced to 15 years imprisonment.  He had been on bail up until and during his trial.  His appeal is to be heard in this Court on 14 March 2007.  He now applies for bail pending the hearing of the appeal.

[2]       I am dealing with this application as a single Judge under s 393(2)(d) of the Crimes Act 1961.

[3]       The case is within s 14 of the Bail Act 2000.  I may not grant bail unless satisfied on the balance of probabilities that it would be in the interests of justice in this case to do so.  Further, the onus is on the appellant to show cause why bail should be granted. 

[4]       The criteria provided for in s 14(3) are of comparatively little assistance to the appellant. 

[5]       I am not in a position to evaluate the strength of grounds of appeal (which largely focus on the way in which the appellant’s counsel conducted the trial).  I note, however, that the Judge who presided at the trial was unsurprised by the jury’s verdicts.  The offending alleged against the appellant is extremely serious and he has received a very substantial sentence.  In the context of when the trial occurred (August 2006) and the date of sentencing (October 2006), the time which will pass before the appeal is heard (approximately three months) is not particularly significant.

[6]       I accept that the circumstances in which the appellant’s wife and children find themselves is in unfortunate and difficult.  But given the seriousness of the case, the usual practice of this Court in relation to bail pending appeal and the statutory context provided by s 14 of the Bail Act, I am not persuaded that bail ought to be granted.

[7]       Accordingly I decline the application for bail.

Solicitors:
Crown Law Office, Wellington