The Queen v Neil Barry Patrick

[2008] NZCA 83

IN THE COURT OF APPEAL OF NEW ZEALAND

CA440/07
[2008] NZCA 83

THE QUEEN

v

NEIL BARRY PATRICK

Hearing:3 March 2008

Court:Chambers, Gendall and Harrison JJ

Counsel:W C Pyke for Appellant

M D Downs for Crown

Judgment:11 April 2008 at 11 am

JUDGMENT OF THE COURT

The application for bail is allowed.  The appellant is released on bail until 9 am on 2 May 2008, at which time he is to report to the criminal counter of the High Court at Auckland.  Bail is subject to the following conditions:

(a)He must reside at 12 Livingston Avenue, Hamilton;

(b)He must abstain from alcohol and drugs, unless prescribed by a medical doctor;

(c)He must not enter licensed premises except supermarkets. 

REASONS OF THE COURT

(Given by Chambers J)

[1]       We heard the appellant’s appeal on 3 March.  Since then new material has become available.  As a consequence, the appellant has sought to reopen the appeal and introduce a further ground of appeal.  The Crown has not opposed the broadening of the appeal.  We have given leave accordingly.  We are due to resume hearing the appeal on 2 May in Auckland. 

[2]       The appellant has now applied for bail pending the determination of his appeal, pursuant to s 70 of the Bail Act 2000.  The Crown consents to the application for bail.

[3]       The test to be applied in relation to the application is that set out in s 14 of the Bail Act.  In terms of that section, we are satisfied on the balance of probabilities that it is in the interests of justice for bail to be granted until 2 May 2008. 

Solicitors:
Crown Law Office, Wellington