Foster v Police HC Auckland CRI 2007-057-251

[2007] NZHC 2058

NOT TO BE PUBLISHED UNTIL FINAL DISPOSITION OF TRIAL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

AND  POLICE Respondent

Hearing:         28 August 2007

Appearances: S J Bonnar for Applicant

K E Latimer for Respondent

Judgment:      28 August 2007

JUDGMENT OF COOPER J ON BAIL APPLICATION

Solicitors:

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

S J Bonnar, PO Box 2674, Shortland Street, Auckland.

FOSTER V POLICE HC AK CRI 2007-057-000251  28 August 2007

[1]      Ms Foster was released on bail in respect of the charges that have been laid against her under the Misuse of Drugs Act 1975.  She was brought before the Court having been arrested for a breach of her bail conditions.  On 15 August 2007 Lang J remanded her in custody to enable further inquiries to be made about the possibility of another application for bail being advanced.

[2]      There have been two further appearances since then whilst  inquiries have continued into suitable addresses to which she might be bailed.

[3]      It has now been determined that she can reside with her father at Unit 2A, 40

Great South Road, Papakura.  The respondent does not oppose a further grant of bail to that address.

[4]      In the circumstances there will now be a further grant of bail.  That will be subject to the conditions that:

a)        She reside at all times at Unit 2A, 40 Great South Road, Papakura.

b)       She is to report to the police at Papakura between the hours of 8.00 a.m. and 4.00 p.m. on Mondays and Fridays.

c)        She is not to consume illicit drugs. [5]           Bail is granted on those conditions.