C v Police HC Auckland CRI 2009-404-414

[2009] NZHC 2610

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-404-414

CRI 2009-404-415

BETWEEN  C

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         23 December 2009

Appearances: No appearance by or on behalf of Appellant

Peter Dean for Respondent

Judgment:      23 December 2009

JUDGMENT OF HARRISON J

Solicitors

Sam Fernando (Auckland) for Appellant

Meredith Connell (Auckland) for Respondent

C V POLICE HC AK CRI 2009-404-414  23 December 2009

[1]      Mr C   has appealed against a decision of Judge Taumaunu in the District Court at Waitakere on 6 November 2009 remanding him in custody on charges of assault and related offences.

[2]      The appeal was set down for hearing at 11 am today.  Notice of the fixture was  given  by  the  registry  to  Mr  C  's  counsel,  Mr  Fernando.     However, Mr Fernando has failed to appear or pay the Court the courtesy of either withdrawing the appeal or explaining the reason for his absence.

[3]      In my view Judge Taumaunu's decision is unchallengeable.   It is a lucid exemplar of the type of reasoning which explains a decision refusing bail.  Without doubt, the Judge had a proper basis for concluding there was a real risk that Mr C   would re-offend while on bail.

[4]      Accordingly Mr C  's appeal, which is without an merit, is dismissed.

Rhys Harrison J