Foster v Police HC Auckland CRI 2007-057-000251

[2007] NZHC 2103

NOT TO BE PUBLISHED UNTIL FINAL DISPOSITION OF TRIAL

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-057-000251

UNDER  the Bail Act 2000

IN THE MATTER OF     an application for grant of bail

BETWEEN  MELODY BELLE FOSTER Applicant

ANDPOLICE Respondent

Hearing:         7 September 2007

Appearances: S Cassidy for Applicant

C Ryan for Crown

Judgment:      7 September 2007

JUDGMENT OF WOODHOUSE J ON BAIL APPLICATION

Solicitors:           Crown Solicitor, Auckland

S Cassidy, Auckland

FOSTER V POLICE HC AK CRI 2007-057-000251  7 September 2007

[1]      Ms Foster appears today not for the first time for breach of the terms of bail that were imposed in May 2007.  On this occasion it was breached because of the apparent consumption of alcohol or drugs.

[2]      There is a renewed application for bail which is not opposed by the Police. But in the circumstances some additional conditions are sought and there is no opposition in that regard from Mr Cassidy on behalf of Ms Foster.

[3]      I am therefore granting bail to the trial date.   Remanded on bail on the following conditions:

a)       Firstly,  that  Ms  Foster  is  to  live  at  2A,  40  Great  South  Road, Papakura.

b)       There is a curfew between the hours of 7.00 p.m. and 7.00 a.m.

c)       You are to present yourself at the door of that residence at any time between  those  hours  to  a  police  officer  if  required,  and  you understand that.

d)You are to report to the Papakura Police Station on Mondays, Wednesdays and Fridays between 8.00 a.m. and 4.00 p.m.

e)       And the final condition and I direct that obviously to you but also to you Mr Foster, you are not to consume alcohol or any illicit drug at

all.

Woodhouse J