H v Police HC Auckland Cri-2008-404-144

[2008] NZHC 2348

This case has been anonymized

ORDER PROHIBITING PUBLICATION OF ANY PART OF THE PROCEEDINGS (EXCEPT THE OUTCOME) UNTIL FINAL DISPOSITION OF TRIAL.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2008-404-0144

H

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         27 May 2008

Appearances: Mr B Castelino for Appellant

Ms A R Longdill for Respondent

Judgment:      27 May 2008

(ORAL) JUDGMENT OF LANG J [on appeal against refusal of bail]

Solicitors:

Mr B Castelino, Auckland

Crown Solicitor, Auckland

H V NZ POLICE HC AK CRI-2008-404-0144  27 May 2008

[1]      This matter has a chequered history, but ultimately comes before the Court today as an appeal against refusal of bail in the District Court.

[2]      The appeal can be resolved by consent in the following terms:

a)        Mr H   is granted bail on the following conditions:

i)        He is to reside at 57 Middlemore Crescent, Papatoetoe.

ii)       He is to observe a curfew at that address between the hours of

9 pm and 7 am and is to present himself at the door of the address at any time during those hours should he be requested to by the police.

iii)Mr  H    is  not  to  associate  with  or  attempt  to  contact, directly or indirectly, the complainant or any prosecution witness.

iv)      Mr  H    is  not,  under  any  circumstances,  to  enter  Golf

Avenue, Otahuhu.

[3]      The grant of bail is conditional upon arrangements being made for the above bail conditions to be explained to Mr H   by an interpreter before Mr H   is released from custody.

Lang J