Tuhua v The Queen

[2014] NZCA 415

IN THE COURT OF APPEAL OF NEW ZEALAND

CA448/2014
[2014] NZCA 415

BETWEEN	MONTE PAUL TUHUA Appellant
AND	THE QUEEN Respondent

Hearing:	On the papers
Counsel:	L Freyer for Appellant J E Mildenhall for Respondent
Judgment:	22 August 2014 at 9.00 am

JUDGMENT OF MILLER J

The application for bail is granted pending hearing of the appeal on condition the appellant is to reside at 6 Doone Place, Massey, Auckland, and may not have direct or indirect contact with the victims.

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REASONS

1. The appellant seeks bail pending the hearing of his appeal against a short sentence (12 months) of imprisonment.  The Crown opposes on the ground that the prospects of success are not so high as to displace the statutory presumption against bail. 

2. The decisive consideration, however, is that the appeal may be rendered nugatory, or substantially so, if bail is not granted.  The appellant was sentenced on 24 July. 

3. In addition, the appeal is not without some merit.

4. There are no safety concerns.  The appellant complied with bail conditions pending trial.

5. Bail is accordingly granted pending the hearing of the appeal.  The following conditions are imposed:  the appellant must reside at 6 Doone Place, Massey, Auckland, and he may not have direct or indirect contact with the victims.

Miller J