C v Police CRI-2007-044-1261 HC Auckland

[2010] NZHC 358

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2007-044-1261

BETWEEN  C

Applicant

ANDPOLICE Respondent

Hearing:         26 March 2010

Counsel:         Applicant in person

Claire Ryan for Crown

Judgment:      26 March 2010

[ORAL] JUDGMENT OF HUGH WILLIAMS J.

[1]      Mr C   was arrested a day or so ago, pursuant to a warrant issued by Allan J on 11 March 2010.   That warrant says Mr C   was convicted by this Court on a charge of cultivating cannabis on 15 July 2008 and ordered to pay $2000 with $60 for an enforcement fee.  He has not done that.

[2]      The applicant indicates that he is currently in receipt of a Sickness Benefit and has been hospitalised but is now anxious to get back to work.

[3]      According to Ms Ryan, the sentencing notes of Keane J ordered him to pay

$2000 within 14 days of the sentence being imposed but there has been no payment made to date.

[4]      The Department of Corrections should interview Mr C   as soon as is practicable and report, and meanwhile he will be remanded on bail to the Bail List in

this Court on Tuesday 13 April 2010 at 11:00am.

C V POLICE HC AK CRI-2007-044-1261  26 March 2010

COURT - TO MR C:

JUDGE:  You should not be kept in custody for too long, Mr C  , particularly if there is a prospect of Home Detention or some Community Work.  If you want to pay a fine, as you say you want to do rather than dong Community Work or something like that, what you ought to do is go to the North Shore District Court and organise with the Fines Officer there to pay off your fine in whatever instalments you can afford.     If you do that before 13 April 2010, in all probability nothing further will happen to you.  Do you understand that?    Before you leave the Court today you will need to sign a bail bond, undertaking to be back here on 13 April.

I am not going to impose any additional conditions about reporting to the Police or anything like that.  You sign the bail bond, go and see the Fines Officer before 13

April and get the thing sorted out, if possible.

.................................................................

HUGH WILLIAMS J.

26 March 2010

Solicitors:

Crown Solicitor, PO Box 2213 Auckland 1140

Email:            Clai[email protected]

Copy for:

Damion John C  , 95 Brian Crescent, Stanmore Bay, Whangaparaoa
David P Hoskin, P O Box 301 035 Albany, North Shore City 0752

Email:               [email protected]

Case Officer:                   Leroy[email protected]