Court of Appeal dismisses appeal of High Court order refusing bail to an accused who allegedly attacked his victim with a claw hammer in a restaurant, finding that: 1) the judge had sufficient regard to the presumption of innocence; 2) adequate weight was given to whether stringent bail conditions proposed on behalf of the appellant could meet the objections to bail; and 3) the judge exercised her discretion having had the benefit of hearing and assessing the appellant, having taken into account the totality of the evidence and having applied a test of proportionality in reaching her decision to refuse bail.
Criminal law – bail – refusal of High Court Bail on the basis of s. 2(a) to (e) of the Bail Act 1997 – assault causing harm contrary to s. 3 of the Non-Fatal Offences against the Person Act 1997, and production of an article during the course of a dispute contrary to s. 11 of the Firearms and Offensive Weapons Act 1990 – whether the High Court judge erred in fact and/or in law by not having sufficient regard to the presumption of innocence – whether the refusal of bail was reasonably necessary to prevent the commission of a serious offence – standard of proof – judge exercised her discretion having had the benefit of hearing and assessing the appellant, having taken into account the totality of the evidence and having applied a test of proportionality in reaching her decision to refuse bail – judge gave adequate weight to whether stringent bail conditions proposed on behalf of the appellant could meet the objections to bail – bail properly refused – appeal dismissed.