A v Police HC Auckland CRI 2010-404-100

[2010] NZHC 822

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2010-404-100

A

v

NEW ZEALAND POLICE

Hearing:         30 April 2010

Counsel:         V Heather for Appellant

A McClintock for Respondent

Judgment:      30 April 2010

JUDGMENT OF SIMON FRANCE J

[1]      Mr A   appeals the refusal of bail on the basis that reasonable conditions may sufficiently alleviate risks.   Section 12 of the Bail Act 2000 applied and the onus was on Mr A  .

[2]      Mr A   was charged with dangerous driving, driving while disqualified, drink driving, failing to stop, taking a car, unlawfully interfering with a car and theft. All that offending is alleged to have occurred on 24 March 2010.

[3]      It is said that Mr A   first entered one property where he accessed two vehicles, removing a wallet and phone from one.  He then gained access to a fenced neighbouring property.   Mr A   took a truck from the property.   He was seen

driving it; police flashed their red and blue lights but he did not pull over.  He drove

A V NEW ZEALAND POLICE HC AK CRI 2010-404-100  30 April 2010

along Great South Road at speed and onwards over a set of road spikes.  These did not stop him.   He raced through suburbs until reaching his destination, a total of eight kilometres.  When apprehended he blew 514 micrograms of alcohol per litre of breath.

[4]      Earlier, on 10 February Mr A   had been bailed on charges of robbery and wounding with intent to injure.

Previous convictions

[5]      At the age of 22 Mr A   already has eight drink driving convictions, and seven disqualified driving convictions.  There is little point in detailing the numerous other offences, except to note four convictions for failing to answer bail, and two for breach of community work.  He was sentenced to jail on 8 June 2009 for six months, and then on 24 September 2009 for four months for his last disqualified driving offence.

Submissions

[6]      Mr Heather submits the Judge failed to have regard to the fact that jail was not inevitable since a community based rehabilitative sentence is not inconceivable. He accepts the appeal lacks strength but has instructions to progress it.

Decision

[7]      I am dismayed to be advised today that the appeal is pursued even though Mr A   has now pleaded guilty to the charges.   The bail application had no prospect at the time it was made.   It had absolutely no merit now he has pleaded guilty.  This appeal is legally aided, and it is a waste of public money.

[8]      The appeal is dismissed.

Solicitors:

V Heather, Barrister, PO Box 59 160, Mangere Bridge, Auckland, email:  [email protected]

A McClintock, Meredith Connell, PO Box 2213, Shortland Street, Auckland,

email:  alysha[email protected]

Simon France J