The Queen v Mohi

In the Court of Appeal of New Zealand, the case of The Queen v Brendon Shane Mohi was heard, where Mr. Mohi appealed against his sentence for attempted arson and arson. Mr. Mohi had been sentenced to two years and four months imprisonment and sought bail pending the determination of his appeal. Glazebrook J considered the application for bail under section 393(2)(d) of the Crimes Act 1961. The legal issue for the court to decide was whether it would be in the interest of justice to grant bail to Mr. Mohi pending the determination of his appeal.

The court examined the test for granting bail pending appeal, which is set out in section 14 of the Bail Act. Under this section, bail is not to be granted unless the court is satisfied on the balance of probabilities that it would be in the interest of justice to do so. The onus was on Mr. Mohi to show cause why bail should be granted. The court considered Mr. Mohi's submissions that bail should be granted due to the likely delay in having his appeal heard. The Crown opposed the bail application, arguing that Mr. Mohi's appeal against sentence had no reasonable prospects of success, as the sentence imposed was within the range available to the sentencing judge. The Crown also submitted that there was no serious risk that, by the time the appeal was determined, Mr. Mohi would have served more time in prison than he would be required to serve in respect of any substituted sentence of less than two years and four months.

The court accepted the Crown submissions, finding that Mr. Mohi had failed to show that any injustice would arise from his remaining in custody pending the hearing and determination of his appeal. The court declined the application for bail but noted that the appeal should be set down for hearing as soon as possible.