C v Police HC Auckland CRI 2009-404-249

[2009] NZHC 2564

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-404-249

C

Appellant

v

POLICE

Respondent

Hearing:         4 September 2009

Appearances: P Dacre for appellant

A McClintock for respondent

Judgment:      4 September 2009

JUDGMENT OF ALLAN J

Solicitors:

P Dacre, Auckland [email protected]

Crown Solicitor Auckland

C V POLICE HC AK CRI 2009-404-249  4 September 2009

[1]      Mr C   faces charges relating to the manufacture and supply of the class A controlled drug methamphetamine.  The proceedings are in their early stages.  He is obliged to apply to this Court for bail by reason of the provisions of s 16 of the Bail Act 2000.

[2]      His  bail  application  was  called  in  the  first  instance  on  Tuesday  last,

1 September,  when  certain  issues  were  discussed  and  it  was  agreed  that  the application ought to be adjourned until today to enable inquiries to be made on several fronts.  Those inquiries have been conducted.

[3]      Ms McClintock now indicates that while she does not formally consent to bail, there is no active opposition to it, provided certain appropriate conditions, which are agreed, are imposed.  I am satisfied they are appropriate.

[4]      Accordingly, Mr C   is granted bail.   The following conditions are to apply:

a)        He is to reside at 197 Ponsonby Road, Auckland;

b)        He is to be curfewed at that address between 10 pm and 7 am nightly. c)      He is to present himself at the door during the curfew hours when

required to do so by a member of the police;

d)He is not to apply for any travel documents and is to deliver any current passport to the Registrar of the District Court at Auckland by

4 pm on Monday 7 September 2009 (Mr Dacre advises the Court that

Mr C   does not presently hold a passport);

e)        He is not to associate with any of his alleged co-offenders;

f)        He is not to possess or consume any illicit drug.

C J Allan J