Harries (aka Harris) v Police HC Auckland CRI 2007-073-434

[2007] NZHC 2124

NOT TO BE PUBLISHED IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL.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 2007-073-434

DAVID JOHN HARRIES (AKA HARRIS)

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         21 September 2007

Appearances: H Leabourn on instruction for P Kaye

K Lummis for the respondent

Judgment:      21 September 2007

(ORAL) JUDGMENT OF STEVENS J

Solicitors/Counsel:

Crown Solicitor, PO Box 2213, Auckland
P Kaye, PO Box 941, Auckland

H Leabourn, PO Box 941, Auckland

HARRIES (AKA HARRIS) V NZ POLICE HC AK CRI 2007-073-434 21 September 2007

[1]     Mr Harries is charged with possession of methamphetamine for supply, possession of cannabis and a number of driving offences.   He has previous convictions for drug dealing offences.

[2]      He applied to the High Court for bail and the matter was considered by

Rodney Hansen J on 14 September 2007.

[3]      In his minute issued following that hearing, Rodney Hansen J referred to the circumstances  of  the  alleged  offending,  the  lengthy list  of  previous  convictions which included a breach of bail, two breaches of sentences of community work, escaping from custody and failing to stop when followed by a red-blue flashing light. Moreover, at the time of the current alleged offending he was on bail on a charge of possession of a firearm.

[4]      Rodney Hansen J accepted that there was a clear and acknowledged risk that he might offend if granted bail and possibly a lesser risk that he might fail to answer his bail.  He was concerned that, if bail were to be granted, there must be suitable terms and conditions to manage such risks.

[5]      At the conclusion of the hearing, Rodney Hansen J appeared minded to grant bail if suitable conditions could be worked out regarding terms and conditions.  In particular, there was concern about the proposed residential condition.

[6]      Further  discussion  between  the  parties  has  occurred.    The  applicant  has proposed that he reside at 10 Willis Street, Melville, Hamilton, which is the address of a friend of his.   The Court has received references from several of the persons residing at that address.

[7]      The Police still have some residual  concerns  about  the  suitability of  the address.  However, I am of the view that such concerns can be managed by strict conditions, including a curfew and obligations not to consume alcohol or take illicit drugs with appropriate protections.

[8]      On that basis I propose, with some hesitation, to grant bail.  It will be on the following conditions:

a)        He is bailed to reside at 10 Willis Street, Melville, Hamilton.

b)       There will be a daily curfew between the hours of 8pm to 7am.

c)       He is to present himself at the door of the residence if requested to do so by the Police.

d)He is to report every Tuesday and Thursday to the Police at Hamilton between the hours of 8am and 4pm.

e)        He is not to consume alcohol or take illicit drugs of any kind.

f)        He will undergo a test for alcohol or drugs if requested to do so by the

Police.

g)       He is to surrender his passport, if he holds one, by no later than 5pm on Tuesday, 25 September 2007, to the Police at Hamilton.  He is not to apply for a passport or any other travel documents.

[9]      Having set these terms and conditions, I have noted that the bail and Court order compliance history of the applicant is not good.  He is warned that the terms and conditions of bail which have been set today are to be scrupulously complied with.   If there is any breach established, then such breach will be viewed most seriously by this Court.   In particular, it will not be a case of, if breach is proven there might be a warning.  The matter would be regarded more seriously than that and a return to custody might well be the only option open to the Court.

[10]     Counsel for the applicant is to communicate these terms and conditions of bail to the owners and occupiers of 10 Willis Street, Hamilton, with a view to

ensuring that they are fully aware of the bail requirements for the applicant.

Stevens J