Green v Police HC Auckland CRI 2006-004-16031

[2007] NZHC 2004

NOT TO BE PUBLISHED IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-004-16031

IN THE MATTER OF     an application for bail

BETWEEN  TRAVIS JOHN GREEN Applicant

AND  NEW ZEALAND POLICE Respondent

Hearing:         17 August 2007

Appearances: Maria Pecotic for Applicant

Howard Lawry for Respondent

Judgment:      17 August 2007

JUDGMENT OF HARRISON J

SOLICITORS

Maria Pecotic (Auckland) for Applicant

Meredith Connell (Auckland) for Respondent

GREEN V POLICE HC AK CRI 2006-004-16031  17 August 2007

[1]      Mr Travis Green has been remanded in custody for trial in this Court on a range of serious charges under the Misuse of Drugs Act 1975, including possessing methamphetamine and amphetamine for supply, possessing Ecstasy for supply, and possessing utensils.  In addition he faces charges of unlawful possession of a pistol and unlawfully carrying a firearm under the Arms Act 1983.

[2]      Mr Green has applied for bail.  He is presently in custody following service of a term of imprisonment on a charge of unauthorised street racing causing death. He was sentenced to a term of two years imprisonment with leave to apply for home detention.   However, as Ms Pecotic has explained, the benefit  of that  leave was defeated by the fact that he was in custody for these charges.

[3]      Ms  Pecotic  has  filed  an  application  and  comprehensive  memorandum  in support.   She correctly emphasises that there is no risk either that, first, Mr Green will not appear at trial or, second, he will interfere with Crown witnesses.  However, the real risk, which is emphasised by Mr Lawry for the Crown in opposition, is of re- offending while on bail.  Mr Lawry says that Mr Green was arrested and charged on the subject offences while he was on bail in the District Court following his plea of guilty to the charge of unauthorised street racing but before sentence.

[4]      I agree with Mr Lawry.  This factor is a cause of concern.  I accept there is a real risk of re-offending while on bail.   However, Mr Lawry fairly observes that, through no fault of his own, Mr Green’s trial will not now take place in this Court until March 2008.  The factor of delay is relevant.

[5]      However, taking all considerations into account, and in particular the support of his parents who are in Court today, I have concluded that the risk of re-offending can be alleviated if not expunged by imposing strict conditions.   I grant Mr Green bail pending further order of this Court on these conditions:

(1)      He is to reside at his parents house at 4 Rerewai Place, Kelston and to observe a 24 hour curfew at that address, subject to this exception: he is permitted to accompany his father to his father’s place of work wherever  that  may  be  in  Auckland  (his  father  is  a  self-employed

bricklayer)  between  the  hours  of  7 am  and  7 pm on  Mondays  to Fridays, but on the particular condition that he remains throughout under his father’s constant care and supervision;

(2)      Mr Green is to present himself to the door of his parents address whenever required by the police;

(3)      Mr Green must wear an electronic monitoring bracelet at all times if and when his application for approval is confirmed by the Electronic Bail Monitoring Unit  at the New Zealand Police.   In addition, his father is to notify the officer-in-charge of the case weekly in advance of his proposed places of work.  He can communicate with the police by email for this purpose;

(4)      Mr Green is prohibited from driving a motor vehicle at any time, even when he is in his father’s custody and care;

(5)      Mr Green is not to communicate directly or indirectly with is co- accused, Ms Alana Thomas;

(6)       Mr Green is not permitted to have or use a mobile telephone.

Rhys Harrison J