Cameron Hawke v New Zealand Police [2016] NZDC 3472

Published 01 September 2016

Appeal against bail refusal — bail — domestic violence — family violence — breach of protection order — male assaults female — Wong v R [2009] NZSC 64 — Dodd v R [2011] NZCA 490 — Bail Act 2000, ss 7 and 8. The Judge assessed the application afresh for a second time (bail de novo); as a result new matters relating to evidence and previous convictions could be considered. Discretion was to be exercised in deciding whether or not bail was appropriate in the circumstances (Wong). Ultimately, the defendant’s appeal against a bail refusal was denied. The Judge not satisfied that the proposed bail conditions (bail simpliciter) would mitigate the risks of reoffending given the closeness of the defendant’s bail address and complainant’s address. The Judge opined that the outcome may be different for electronic bail and it was left open for the defendant to apply. Mandatory risks such as failing to appear, interfering with witnesses and offending on bail (s 8(1)) contributed to the Judge’s finding that bail would not be appropriate. **Note: names have been changed to comply with legal requirements.