Gillbanks v Police - [1994] 3 NZLR 61

Criminal law — Bail — Bail before trial — Appeal against refusal of District Court Judge to grant bail — Accused all charged with unlawful assembly, unlawful taking of motor vehicle and aggravated robbery — Bail refused in first instance on grounds that accused had not always been obedient to Court Orders, serious nature of charges, possibility of further offending, general concern for protection of the complainant — Principles to be applied when Court exercising its discretion whether to grant or refuse bail — Relevance of New Zealand Bill of Rights Act 1990 - Where the onus of proof lies — Procedural requirements — New Zealand Bill of Rights Act 1990, s 24(b) - Summary Proceedings Act 1957, s 115D - Crimes Act 1961, s 319(1).