Tuhua v R [2014] NZCA 415 (22 August 2014)

Last Updated: 2 September 2014

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