Watchorn v The Queen

[2014] NZCA 416

IN THE COURT OF APPEAL OF NEW ZEALAND

CA385/2014
[2014] NZCA 416

BETWEEN	JAMES WINSTON WATCHORN Appellant
AND	THE QUEEN Respondent

Hearing:	21 August 2014
Court:	O'Regan P, Simon France and Mallon JJ
Counsel:	S W Hughes QC for Appellant M D Downs for Respondent
Judgment:	22 August 2014

JUDGMENT OF THE COURT
(Bail pending decision)

We grant bail to the appellant on the following conditions:

(a)He is to reside at 525A Mangoriei Road, New Plymouth;

(b)He is to surrender all existing passports to the police and not apply for further passports.

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REASONS OF THE COURT

(Given by O’Regan P)

1. We heard this appeal yesterday, 21 August 2014.

2. At the conclusion of the hearing, we reserved our judgment.  We did not have a concluded view on either the conviction appeal or the sentence appeal, but we were clear that, even if the conviction were to stand, the sentence of imprisonment was not appropriate.  The issues in the appeal are complex and we wish to take time to deal with them.  In those circumstances we invited counsel for the appellant to make an application for bail pending the release of our decision.  That application was made and we have now received a memorandum setting out the conditions of bail that had been agreed between counsel for the appellant and counsel for the Crown.

3. We are satisfied that it is in the interests of justice to grant bail given the circumstances described above. 

Solicitors:
Crown Law Office, Wellington for Respondent