WONG V R SC 44/2009
Leave to appeal was dismissed because the Supreme Court found no basis to disturb the Court of Appeal's orthodox exercise of discretion under s 14 of the Bail Act 2000, which was not satisfied on the balance of probabilities that granting bail would be in the interests of justice.
Source-derived case information.
- Citation
- SC 44/2009
- Parties
- Applicant: Alex Kwong Wong; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 June 2009
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Refusal of Bail Pending Conviction Appeal; Leave Dismissed
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Bail Pending Appeal, Discretion Under Bail Act 2000 S 14, Importation and Possession for Supply of Methamphetamine
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Kwong Wong
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Refusal of Bail Pending Conviction Appeal; Leave Dismissed
Legal Issues
- 1 Whether bail should be granted pending hearing of conviction appeal
- 2 Whether the Court of Appeal erred in its exercise of discretion under s 14 of the Bail Act 2000
Ratio Decidendi
Leave to appeal was dismissed because the Supreme Court found no basis to disturb the Court of Appeal's orthodox exercise of discretion under s 14 of the Bail Act 2000, which was not satisfied on the balance of probabilities that granting bail would be in the interests of justice.
Court Disposition
Application for leave to appeal dismissed
Orders
- Leave to appeal dismissed
- Bail pending appeal not granted
Full Case Text
Judgment text and source record
1 paragraphs
WONG V R SC 44/2009 16 June 2009IN THE SUPREME COURT OF NEW ZEALAND SC 44/2009 [2009] NZSC 64 ALEX KWONG WONGvTHE QUEENCourt: Elias CJ, Blanchard and Wilson JJ Counsel: F C Deliu for Applicant M D Downs for Crown Judgment: 16 June 2009JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] Having been convicted at his retrial (ordered by this Court) on charges of importing and possession for supply of methamphetamine of considerable quantity, the applicant, represented by Mr Deliu, now wishes to appeal against the Court of Appeal's refusal to grant him bail pending the hearing of his conviction appeal in the Court of Appeal. There is a fixture for 18 August. The Court of Appeal's approach to the issue of bail was an entirely orthodox approach to the exercise of discretion under s 14 of the Bail Act 2000. It was not satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so. Nothing incounsel's submissions persuades us that the Court of Appeal's exercise of its discretion should be disturbed. Solicitors: Crown Law Office, Wellington