Zheng v The Queen

[2015] NZCA 369

IN THE COURT OF APPEAL OF NEW ZEALAND

CA430/2015
[2015] NZCA 369

BETWEEN	JIU MEI ZHENG Applicant
AND	THE QUEEN Respondent

Telephone

Conference: 

7 August 2015

Counsel:

G C Gotlieb for Applicant
M J Lillico for Respondent   

Judgment:

(On the papers)

12 August 2015 at 3.00 pm

JUDGMENT OF FRENCH J

The application for bail pending appeal is declined.

____________________________________________________________________

REASONS

1. Ms Zheng has applied for bail pending the determination of an appeal against conviction and sentence.  She was convicted in the High Court of drug dealing offences involving pseudoephedrine[1] and sentenced on 24 July 2015 by Gilbert J to a term of imprisonment of two years and nine months.[2]

   [1]Ms Zheng was found guilty following jury trial of five charges of supplying pseudoephedrine and one charge of possession of pseudoephedrine for the purpose of supply.

   [2]Lam v R [2015] NZHC 1713.

2. The primary grounds of the bail application are that permanent arrangements have yet to be made for the care of her dependent children; the prospects of success on appeal are “very strong”; Ms Zheng, who does not speak English, may experience difficulties having her medical and dietary needs met in prison; and if her appeal is not granted a hearing date swiftly, she will be eligible for parole in 11 months, meaning the appeal could be rendered nugatory.

3. At the time the bail application was filed, the appeal did not have a hearing date and it was assumed to be some considerable time away.  However, the Court has been able to provide an early hearing date of 2 September 2015.  In my view, in those circumstances, the concerns raised by her counsel lose much of their force.  Further, while I am obviously not in a position to attempt any extensive analysis of the merits of the appeal, on the limited information before me I would not necessarily endorse Mr Gotlieb’s assessment of them as falling in the “very strong” category so as to justify bail.

4. Having regard to s 14 of the Bail Act 2000, Ms Zheng has failed to satisfy me that hers is a case where on the balance of probabilities, it is in the interests of justice to grant her bail pending appeal.

5. The application for bail is accordingly declined.

Solicitors:
Crown Law Office, Wellington for Respondent