B v Police HC Invercargill CRI-2007-425-6

[2007] NZHC 1672

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2007-425-6

BETWEEN  B

Appellant

AND  THE POLICE Respondent

Hearing:         27 February 2007

Appearances: Mr H. Young for Appellant

Mr Morrison for Crown

Judgment:      27 February 2007

JUDGMENT OF HON. JUSTICE JOHN HANSEN

[1]      B   appeals against the refusal of his Hon. Judge Flatley to grant bail.  She is before the Court on charges of threatening to kill, assaulting the Police,    resisting    arrest,    threatening    to    blow    up    the    Riverton    Police Station, wilful damage of a Police Station, and trespass.

[2]      The matter arose out of a domestic situation involving the appellant and her partner.   He is currently on bail in relation to matters arising from the domestic situation as well.

[3]      It is apparent that the appellant was severely intoxicated at the time, and when the Police arrive she resisted arrest and made the various threats inherent in the offences with which she has been charged.    It can also be said that she has a long history of drunken offending which includes driving offences, and offences of a

similar kind to those for which is before the Court.  Although there are offences of

B V  POLICE HC INV CRI-2007-425-6  27 February 2007

violence it is notable that there are no acts of serious violence in her past.  Rather, it amounts to drunken threats and making a nuisance of herself.

[4]      Judge O’Driscoll when the matter was before him, was concerned that she was to be bailed to an address near to Riverton where the police officer, his family and station is.  However, that has changed and the women’s refuge are prepared to have Ms B   at the Invercargill safe house.  I also note that here offending while on bail has been limited to traffic offending, not that this is to belittle it in any way.

[5]      It seems to me that bail should be allowed in terms of s 8, but on very strict conditions:

(i)  She  is  to  reside  at  the  women’s  refuge  safe  house  in

Invercargill.

(ii) She is not to go outside the Invercargill city boundaries.

(iii) She  is  forbidden  to  drink  alcohol,  or  to  enter  licensed premises.

(iv) She is ordered to report to the Invercargill Police Station daily between 4pm and 6pm.

[6]      I am conscious that I cannot impose conditions on those that run the women’s refuge safe house, and I have been informed, and accept, that one of the rules is that residents of the house should not be intoxicated.  If it is apparent that she is, then I would expect the responsible people running that institution to immediately advise the Police.   Ms B   should be aware that even the slightest infringement of the conditions of bail that has been granted will lead to her remaining in custody until trial.

Solicitors

Mr H. Young, Invercargill for Appellant

Crown Law, Invercargill for respondent