17 Dec 2015
KIM v THE ATTORNEY-GENERAL [2015] NZHC 3290
- Citation
- [2015] NZHC 3290
- Court
- High Court
The application for EM bail was refused because the Court concluded detention was not arbitrary or shown to breach s23(5) on the material before it, there was a real and increased risk of flight given the serious charge, strength of the prima facie case, likely severe punishment and proximity of the judicial review hearing, and the applicant's mental health could be safely managed in custody; on that basis the High Court declined to exercise its inherent jurisdiction to grant bail.