De Lacey v R HC Auckland CRI 2005-092-012668

[2007] NZHC 2073

NOT TO BE PUBLISHED UNTIL FINAL DISPOSITION OF TRIAL

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2005-092-012668

UNDER  the Bail Act 2000

IN THE MATTER OF     an application for grant of bail

BETWEEN  CAROLINE ZARA HONEY DE LACEY Applicant

AND  THE QUEEN Respondent

Hearing:         30 August 2007

Appearances: R M Mansfield for Applicant

A J Pollett for Respondent

Judgment:      30 August 2007

JUDGMENT OF COOPER J ON BAIL APPLICATION

Solicitors:

Meredith Connell, Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland.

Copy to:

R M Mansfield, PO Box 2674, Auckland.

DE LACEY V R HC AK CRI 2005-092-012668  30 August 2007

[1]      Caroline  de  Lacey  has  been  on  bail  pending  her  sentence,  having  been convicted on a count of allowing premises to be used for manufacturing methamphetamine.

[2]      The circumstances are apparently that she travelled out of Auckland to pick up her son, who had been staying with his father.  That involved her also deciding to spend the night out of Auckland.  When police called to inquire as to her presence at the bailed address early the following morning she was not there.

[3]      She has, however, voluntarily handed herself into to the police or attempted to do so, and has come to Court this morning when those efforts were unsuccessful.

[4]      In the circumstances the Crown does not oppose a further grant of bail and I

admit you again to bail, subject to the existing terms and conditions.

[5]      The breach of bail on this occasion is to be noted in the Crown Book.  It is likely,  Ms  de  Lacey  that  if  there  were  further  breaches  of  bail  you  would  be remanded in custody until your sentence, and you should try to organise your life to make sure you do not put yourself in that position again.

[6]      A  condition  of  the  remand  is  also  that  you  appear  at  the  call-over  on

Wednesday 5 September 2007 at 9.00 a.m.