H v Police HC Auckland CRI 2009-044-10450

[2010] NZHC 827

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-044-10450

H

v

NEW ZEALAND POLICE

Hearing:         30 April 2010

Counsel:         Q Duff for Applicant

A McClintock for Respondent

Judgment:      30 April 2010

JUDGMENT OF SIMON FRANCE J

[1]      Mr H   is charged with attempted murder.   He was first charged on

22 December.   He has been in custody since then.   Bail applications have been declined, but not appealed.  A draft indictment was filed on 26 April, and at the first call Mr H   was remanded in custody to today’s date for a bail hearing.  Bail is opposed.

[2]      The essential allegation is that Mr H   became angry and attempted to strangle his mother who was visiting to assist with baby care.  His actions rendered

his mother unconscious whereupon he desisted.

JONATHAN JAMES HODGSON V NEW ZEALAND POLICE HC AK CRI 2009-044-10450  30 April 2010

[3]      Mr H   has no previous convictions.  The bail proposal is to be bailed to the full-time care and supervision of the Victory Outreach Recovery Home.

[4]      Today at the bail hearing I heard from Mr Meza of that organisation as to the nature of the facility.  It is essentially a Christian based drug and alcohol addiction programme.  It provides 24/7 supported accommodation with four staff members on site.  Persons resident there sleep in cubicles inside a villa which is part of the old Kingseat facility.

[5]      There is no specific focus on mental health issues but as long as the person is on prescription, for example, for the suitable drugs and maintains them then the facility is able to handle the person.  Should the person show signs of deterioration or be non-compliant then the appropriate authorities would be advised.   Nothing prevents a person from walking out the door but there are staff present who can thereupon immediately alert the authorities.

[6]      Mr Duff advises that District Court bail was initially declined because of a risk of self harm, particularly because the proposed addresses would have involved Mr H   residing on his own.  Rather than appeal those it was preferred to seek out an alternative that addresses those concerns.  However, Mr Duff submits that risk of self harm is not an appropriate basis for declining bail.   He submits that the facility provides adequate security, and is at least as good if not better than electronic monitoring in that the moment a person seeks to leave where a staff member is available who can both follow and who can contact authorities.

[7]      Bail opposition is based on Mr H  ’s, who is present here today, history of mental instability and concerns for the victims who express fears for their safety. It is considered that if, for example, Mr H   becomes depressed he may in a disordered state take actions to harm himself or others.  He was hospitalised in 2009 in relation to a self harm episode.

[8]      I am advised that there are trial dates available in July, October and early November.     The  circumstances  of  the  attack  indicate  a  significant  level  of disturbance at that time.  I have no medical evidence concerning Mr Duff’s present

mental health.  I consider anything other than a custodial remand affords insufficient protection   for   the   members   of   the   community  particularly  the   victim   and Mr H  ’s family and also for himself.   I am concerned as to what actions he may take if his mental health deteriorates given the very obvious jeopardy that he faces in relation to the charge.

[9]      I accept Mr Duff’s point that self harm is a questionable basis for denying bail.  However, the same mental disorder that may lead to self harm has arguably, and indeed reasonably obviously, played a role in serious violence to another as recently as late last year.

[10]     In  the  absence  of  some  professional  opinion  giving  the  Court  a  higher measure of confidence than the formal record discloses, I consider that Mr H   poses an unacceptable risk to the public given the obvious fact of an attack and a history of mental disorder.

[11]     For these reasons the application for bail is declined.

Solicitors:

Simon France J

Q Duff, Duff Legal, PO Box 7512, Wellesley Street, Auckland, email:  [email protected]

A McClintock, Meredith Connell, PO Box 2213, Shortland Street, Auckland, email:  alysha[email protected]