C v Police HC Hamilton CRI 2006-019-8940

[2007] NZHC 264

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2006-019-8940

C

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         4 April 2007

Appearances: S Ellis for Applicant

R Douch for Respondent

Judgment:      4 April 2007

ORAL JUDGMENT OF ASHER J

Solicitors / Counsel:

Mr Sean Ellis, Barrister, Hamilton

Almao Douch, Office of the Crown Solicitor, Hamilton

C V NZ POLICE HC HAM CRI 2006-019-8940  4 April 2007

[1]      C   appears today having been arrested following a failure to appear at a callover on 29 March 2006.   He is at present facing the following charges:

a)        manufacturing the Class A controlled drug methamphetamine (x 1);

b)possessing a precursor substances, pseudoephedrine, knowing that the substance would be used in the manufacture of methamphetamine (x

1);

c)       possession of precursor substances, toluene and hydrochloric  acid, with the intention that those substances would be used in the manufacture of methamphetamine (x 1); and

d)possession  of  equipment  or  material  with  the  intention  that  the equipment  or  material  be  used  in  the  manufacture  of methamphetamine (x 1).

[2]      The callover was in relation to a trial that is likely to take place in the latter half of this year.

[3]      Mr C   seeks bail.  It is opposed by Mr Douch for the Crown.  The Crown opposes bail on the basis that there is a substantial flight risk and a risk of re- offending in terms of s 8(1) of the Bail Act 2000.

[4]      The history is relevant.   Mr C   was initially denied bail in the District Court.  He appealed and on 15 December 2006 the appeal was allowed, and he was granted bail, but on strict terms.   The terms included a curfew and a reporting requirement.

[5]      I am informed by Mr Douch that the Police have now laid further charges against Mr C  .  On 26 March 2006 he was found by the Police outside a suburban building in breach of the curfew.  He gave false details to the Police and then fled the scene.  Inside the building the Police found a laboratory which they believe was for

the manufacture of methamphetamine.  Mr C  ’s fingerprints were found on items in the laboratory.

[6]      Some days later Mr C   was apprehended in a vehicle in Frankton.   He resisted arrest, assaulted the Police, and fled the scene.  He was ultimately overcome. He was in possession of a pipe used for smoking methamphetamine.   It is in this context that he appears before the Court.

[7]      By his conduct Mr C   has shown himself to be a flight risk and to be at risk of re-offending while on bail.  Indeed, on the Police evidence he has already done both.

[8]      Mr Ellis is not in a position to dispute the facts as outlined by Mr Douch at this point, but will in due course be seeking disclosure.   He says  he  has  been instructed by his client that the non-attendance was due to inadvertence.  His client gives a solemn undertaking that he will meet any further remand requirements, and that he will abide by a 24 hour curfew.

[9]      I regret to say that these matters do not in any way dissuade me from my view that Mr C   constitutes a grave flight risk and that there is a serious possibility that he will offend while on bail.  Recent events provide direct evidence that he is capable of both.  If, when there has been disclosure and Mr Ellis is better briefed, a better explanation can be put forward for Mr C  ’s apparent breaches of bail and further offending, a further application may then be brought.

[10]     For the time being it would be irresponsible to allow Mr C   bail, given the requirements of s 8 of the Bail Act.   While I am aware of the presumption of innocence and the fact that the burden is on the Crown, I consider it has discharged that burden by a substantial margin.

[11]     The application is accordingly declined.  Mr C   is remanded in custody to

11 May 2007 at 9:00 a.m. when this matter will be called.  Mr Douch is hopeful that a hearing date will be available in the mid-year period.

Asher J