B v R HC Auckland CRI 2009-404-165

[2009] NZHC 2168

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-404-165

B

Applicant

v

THE QUEEN

Respondent

Hearing:         4 September 2009

Appearances: M Pecotic for applicant

J Jelas for respondent

Judgment:      4 September 2009

JUDGMENT OF ALLAN J

Solicitors:

M Pecotic,Auckland [email protected]

Crown Solicitor Auckland

B V R HC AK CRI 2009-404-165  4 September 2009

[1]      Mr B   faces three counts of aggravated robbery.   He appeared before Judge Field in the Auckland District Court on 15 June 2009.  No plea was entered at that time.  Ms Pecotic applied for name suppression which was declined, but the judge made an order for interim suppression pending this appeal.

[2]      Today there is a measure of agreement between counsel.  A great deal more information is now available than was placed before Judge Field.  In particular, there is a medical report indicating that at least as at 29 June 2009, the appellant was unfit to plead.  He has been diagnosed with multiple mental and physical health problems. There appears to be some prospect that with medication his mental condition may improve and that he may be in a condition at which a plea might be taken at some time in the not too distant future.

[3]      There is  also a report  that while in the Mason  Clinic, the appellant has attempted to commit suicide.  Given the information as to his current mental fragility which was not available to Judge Field, it is appropriate to review the question of name suppression.

[4]      Ms Jelas for the Crown fairly accepts that at least in the short term it would be appropriate for the appellant to have name suppression, leaving open a review of that suppression as matters develop.

[5]      The Court is told that the appellant is next to appear in the District Court on

23 September 2009.   The course suggested by counsel, which I am prepared to adopt, is that the appeal be allowed to the extent that name suppression is granted until 23 September 2009, or such later date as may be the next date upon which the appellant appears in the District Court.  At that time further suppression will be an issue for the Judge presiding in that Court.

C J Allan J