C v Police HC Christchurch 2007-409-208

[2007] NZHC 1225

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

2007-409-000208

C

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         8 November 2007

Counsel:         A S Greig for Appellant

R M Thomas for Respondent

Judgment:      8 November 2007

ORAL JUDGMENT OF PANCKHURST J

[1]      The appellant, on 19 October, was remanded by Judge Murfitt on bail to a defined address, 449A Bower Avenue, but subject to a 24 hour curfew.   She was warned that any breaches of bail would produce a remand in custody.   The Judge also said this:

I am prepared to grant you bail, but it will be subject to a 24 hour curfew at this stage.  Providing when you next appear on 13 November 2007 and the police are able to give a favourable report about no further offending and your compliance with that condition then the court might look at reducing the curfew condition.

[2]      I note that other counsel appeared before Judge Murfitt, presumably as duty solicitor.  Accordingly Mr Greig, as he has acknowledged, filed the appeal against

C V NEW ZEALAND POLICE HC CHCH 2007-409-000208  8 November 2007

the 24 hour curfew condition, absent knowledge that the Judge had prefaced his decision with the paragraph which I have just read into the record.  It is now only five days until the matter is capable of review in the District Court.   Moreover, Ms Thomas  advises  that  the  police  presently consider  that  Ms  C    has complied with the terms of bail and that a relaxation of the curfew clause may well be appropriate.

[3]      In these circumstances, particularly given that only five days will elapse before the matter falls for review, I think it inappropriate to consider and resolve the appeal.  In these unusual circumstances the appeal is dismissed but, of course, in the

knowledge that the matter is due to be reviewed anyway.

Solicitors:

Tony Greig Barrister, Christchurch for Appellant

Raymond Donnelly & Co, Christchurch for Respondent