I v Police CRI-2009-404-312 HC Auckland

[2010] NZHC 335

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2009-404-312

BETWEEN  I

Applicant

ANDPOLICE Respondent

Hearing:         19 March 2010 at 11:40am

Counsel:         Ron Mansfield for Applicant

Scott McColgan for Respondent

Judgment:      19 March 2010

[ORAL] JUDGMENT OF HUGH WILLIAMS J. [Re:  Application for Variation of Bail Conditions]

[1]      This is an application for a variation of the strict terms of bail which confine Mr I   at the present time and his mother as his surety.  It is unnecessary for present purposes to detail much of the bail history for Mr  I   because,  as matters have turned out, the relaxation of bail following an indication from the Bench has largely been responsibly agreed by the Crown.

[2]     Mr I   awaits two trials for aggravated robbery and possession of methamphetamine for supply, the latter of which is said to have occurred whilst he was on bail.

[3]      There is a callover for the aggravated robbery on 8 April 2010 in the District

Court and the drugs charges have a stand-down fixture, also in the District Court, for

9 August 2010.

I V POLICE HC AK CRI-2009-404-312  19 March 2010

[4]      Mr I   was in custody until September last year but he was granted bail by Allan J as a result of a careful judgment delivered on 1 December 2009.   The grant of bail was subject to a number of restrictive conditions, particularly a 24-hour electronic curfew.

[5]      The bail was varied by Woodhouse J on 16 February 2010 in the sense that the 24-hour curfew was amended in respects set out in paragraph 10 of counsel’s Memorandum of Application.

[6]      Since that time Mr I   has complied with the terms of his bail and initially today sought the complete revocation of any curfew despite an indication that the Police opposed.   An opportunity was then taken in discussion between Bench and Bar to endeavour to formulate a relaxation of the curfew which would provide reasonable contact between Mr I   his wife and child - as he is no longer living at home - and also enable him to run his business including getting supplies and visiting potential customers.   Mr I   has a long history of body building exercise and he also wanted the opportunity to continue to participate in that exercise which cannot be done at the nominated bail address.

[7]      Accordingly the electronic monitoring of bail is to be relaxed in addition to the variations of 16 February to provide as follows:

a)       Each Friday between 10am and 4pm to enable Mr I   to collect supplies for his business and visit potential customers, the electronic monitoring will be turned off and he is permitted to move in the area not north of Upper Harbour Drive at Greenhithe, not east of Stanley Street, and bounded on the south by Manukau Harbour.

b)He is to be permitted, between the hours of 4pm and 6pm on Mondays to Thursdays inclusive, to have the electronic monitoring turned off so that he can attend the Te Atatu Club Physical at 278 Te Atatu Road, Te  Atatu.    Mr  Mansfield  advises  that  the  exercise  sessions  are normally about an hour-and-a-half so that two hour interval should

enable Mr I   to get to the training, undertake the training and then get back to the nominated bail address by 6pm.

c)       In order to enable Mr I   to have a regular contact with his wife and child, he will be permitted, on Saturdays between 10am and 4pm, to be outside the nominated address with the electronic monitoring turned off.  During that period he is to be with and in the company of one or other of his wife and child at all times, and to be within a five kilometre radius of his wife’s home at 16a Humphrey Camp Avenue, Henderson.

d)       In all other respects the existing bail is confirmed.

e)       In respect of both the gym visits and the family time, he is to drive by the most direct route to those places from either his place of business at 342 Great North Road, Henderson, to the nominated residential bail addresses for the purposes of the gym and family access and to return within the nominated time by the most direct route to the nominated bail address.  Mr Mansfield, just to be cautious about the matter, has made  the  point  that  in  driving  to  and  from  his  wife’s  address Mr I   will be on his own.

f)      The commencement time for that relaxation of the electronically monitored bail is to commence with the family time allocated on

Saturday, 20 March 2010.

Solicitors:

.................................................................

HUGH WILLIAMS J.

Crown Solicitor, PO Box 2213 Auckland 1140

Email:            Scot[email protected]

Copy for:

Ron Mansfield, P O Box 2674 Shortland Street Auckland 1140

Email:               [email protected]

Case Officer:

Leroy[email protected]