The Queen v McGrath [2009] NZCA 58 (6 March 2009)

Court of Appeal of New Zealand

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The Queen v McGrath [2009] NZCA 58 (6 March 2009)

Last Updated: 13 March 2009

IN THE COURT OF APPEAL OF NEW ZEALAND

CA83/2009

[2009] NZCA 58

THE QUEEN

v

JOANNA ELIZABETH MCGRATH

Counsel: G A Paine for Applicant
M Inwood for Crown

Judgment: 6 March 2009 at 10 am

JUDGMENT OF O’REGAN J

The application for bail is allowed. The appellant is granted bail until the hearing and determination of her appeal to this Court subject to the condition that she is to reside at 18 Acacia Street, Palmerston North or such other address as may be approved by the Registrar of the District Court at Palmerston North.

[1] Ms McGrath was convicted after a District Court trial before a Judge alone of four counts of using a document for pecuniary advantage and 14 counts of causing loss by deception. She was sentenced on 30 January 2009 to five months home detention and ordered to pay reparation of up to $4,000 in small monthly instalments.
[2] Ms McGrath has appealed to this Court against conviction and sentence. The grounds of appeal are that “the convictions were against the evidence as presented in Court” and that the trial Judge erred in some of the factual findings he made.
[3] Ms McGrath has applied for bail pending the determination of her appeal pursuant to s 70 of the Bail Act 2000. I have personally considered the application pursuant to s 393(2)(d) of the Crimes Act 1961.
[4] The test to be applied in relation to the application is set out in s 14 of the Bail Act. Under s 14(1), bail is not to be granted unless the Court is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so. Section 14(2) provides that the onus is on the appellant to show cause why bail should be granted.
[5] The present application for bail is not opposed by the Crown. I am unable to assess the merits of the appeal, as the trial file has not yet become available in this Court. However, it appears there will be some delay before the hearing of the appeal and in those circumstances I accept there would be unfairness to Ms McGrath if she was required to complete the greater part of her home detention sentence before the merits of her appeal can be determined. Accordingly, I am satisfied on the balance of probabilities that it would be in the interests of justice in this particular case to grant bail to Ms McGrath pending the hearing and determination of her appeal in this Court.
[6] The Crown did not request the imposition of any particular conditions of bail. Counsel for Ms McGrath indicated that she would continue to reside at her property at 18 Acacia Street, Palmerston North and I make it a condition of her bail that that address continues to be her place of residence, unless a different address is approved by the Registrar of the District Court at Palmerston North.

Solicitors:
Davis O’Sullivan, Wellington for Applicant
Crown Law Office, Wellington