WATCHORN v R CA385/2014 [2014] NZCA 416
Bail was granted because the matters on appeal were complex, the Court was not satisfied that imprisonment was appropriate in the interim, and it was in the interests of justice to release the appellant subject to conditions (residence and surrender of passports).
Source-derived case information.
- Citation
- [2014] NZCA 416
- Parties
- Appellant: James Winston Watchorn; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 22 August 2014
- Procedural Posture
- Criminal Appeal / Bail Pending Decision
- Outcome
- Bail granted pending decision of the Court of Appeal
- Legal Topics
- Bail Pending Appeal, Sentencing, Conviction Appeal, Conditions of Release, Passport Surrender
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Winston Watchorn
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Decision
Legal Issues
- 1 Whether bail should be granted pending the Court of Appeal's reserved judgment
- 2 What conditions are appropriate for bail in the circumstances
- 3 Whether the sentence of imprisonment is appropriate pending final determination
Ratio Decidendi
Bail was granted because the matters on appeal were complex, the Court was not satisfied that imprisonment was appropriate in the interim, and it was in the interests of justice to release the appellant subject to conditions (residence and surrender of passports).
Court Disposition
Bail granted pending decision of the Court of Appeal
Orders
- Appellant to reside at 525A Mangoriei Road, New Plymouth
- Appellant to surrender all existing passports to the police and not apply for further passports
Full Case Text
Judgment text and source record
1 paragraphs
WATCHORN v R CA385/2014 [2014] NZCA 416 [22 August 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA385/2014[2014] NZCA 416BETWEEN JAMES WINSTON WATCHORNAppellantAND THE QUEENRespondentHearing: 21 August 2014Court: O'Regan P, Simon France and Mallon JJCounsel: S W Hughes QC for AppellantM D Downs for RespondentJudgment: 22 August 2014JUDGMENT OF THE COURT(Bail pending decision)We grant bail to the appellant on the following conditions:(a) He is to reside at 525A Mangoriei Road, New Plymouth;(b) He is to surrender all existing passports to the police and not apply for further passports.____________________________________________________________________REASONS OF THE COURT(Given by O'Regan P)[1] We heard this appeal yesterday, 21 August 2014.[2] At the conclusion of the hearing, we reserved our judgment. We did not have a concluded view on either the conviction appeal or the sentence appeal, but we wereclear that, even if the conviction were to stand, the sentence of imprisonment was not appropriate. The issues in the appeal are complex and we wish to take time to deal with them. In those circumstances we invited counsel for the appellant to make an application for bail pending the release of our decision. That application was made and we have now received a memorandum setting out the conditions of bail that had been agreed between counsel for the appellant and counsel for the Crown.[3] We are satisfied that it is in the interests of justice to grant bail given the circumstances described above.Solicitors:Crown Law Office, Wellington for Respondent