Richmond v R [2015] NZCA 125 (21 April 2015)

Last Updated: 5 May 2015

IN THE COURT OF APPEAL OF NEW ZEALAND
CA110/2015 [2015] NZCA 125
BETWEEN	HARLEY TRIDENT RICHMOND Appellant
AND	THE QUEEN Respondent

Counsel:	Appellant in Person G A Kelly for Respondent
Judgment: (On the papers)	21 April 2015 at 9:30 am

JUDGMENT OF RANDERSON J

The application for bail is dismissed.
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REASONS

[1] The appellant pleaded guilty in the District Court to one count of rape. He was subsequently sentenced to seven and a half years imprisonment.^[1] He now appeals solely against his conviction and seeks bail pending appeal under s 55 of the Bail Act 2000. The application is opposed by the Crown. I have considered the application under s 393(2)(d) of the Crimes Act 1961.
[2] The grounds for the bail application are that the appellant has a number of children one of whom is unwell and requires weekly admission to Waikato Hospital. The appellant also refers to difficulties for his family who are being cared for by the appellant’s partner and mother of the children.
[3] Section 14 of the Bail Act creates a presumption against the granting of bail pending appeal.^[2] The onus is on the appellant to demonstrate that on the balance of probabilities it is in the interests of justice that bail be granted.^[3] Bail pending appeal is unusual and only to be granted in exceptional circumstances.^[4]
[4] Section 14(3) of the Bail Act sets out a range of considerations affecting applications for bail pending appeal. I am not satisfied that the appellant has demonstrated that it is in the interests of justice that bail be granted. The grounds of appeal do not appear to be strong given the appellant’s plea of guilty and the fact that he was represented by legal counsel at the time the plea was entered; the sentence is relatively lengthy and a hearing date within the next two to three months is likely; while sympathetic to the appellant’s family circumstances, they are little different from those of the families of many offenders in similar positions.
[5] Accordingly, the application for bail pending appeal is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent

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^[1] R v Richmond DC Hamilton CRI-2013-019-1815, 17 November 2014.

^[2] Bail Act 2000, s 14(1).

^[3] Bail Act 2000, s 14(2).

^[4] Ellis v R [1998] 3 NZLR 555 (CA) at 560 and Iti v R [2012] NZCA 307 at [7].