C v Police HC Napier CRI 2010-041-163

[2010] NZHC 1883

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI 2010-041-163

C

v

NEW ZEALAND POLICE

Hearing:         16 September 2010

Counsel:         R B Phillip for Appellant

C R Walker for Respondent

Judgment:      16 September 2010

ORAL JUDGMENT OF MILLER J

[1]      Mr C   seeks bail, having been arrested for breach of his existing bail conditions which prohibit the consumption of alcohol.  He was found to have 150 micrograms of alcohol per litre of breath on a breath test.

[2]      I am delivering a judgment to record why, contrary to the indication that

Justice Wild gave in his judgment of 30 August 2010, bail is being renewed.

[3]      The police do not oppose continued bail, although they are sceptical as I am about the explanation offered, which is that Mr C   had consumed a cough medication.  In my opinion that is unlikely to have produced the alcohol reading that

was obtained, but I accept that that is a matter on which evidence ought to be called.

C V NEW ZEALAND POLICE HC NAP CRI 2010-041-163  16 September 2010

In the circumstances bail will be continued on existing terms.

Miller J

Solicitors:

Bate Hallett, Hastings for Appellant

Crown Solicitor’s Office, Napier for Respondent