J v Police HC Auckland CRI 2007-416-12

[2007] NZHC 680

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-416-12

BETWEEN  J

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         19 July 2007

Appearances: Leighvi Maynard for Appellant

Howard Lawry for Respondent

Judgment:      19 July 2007

JUDGMENT OF HARRISON J

SOLICITORS

Woodward Chrisp (Gisborne) for Appellant

Meredith Connell (Auckland) for Respondent

J V POLICE HC AK CRI 2007-416-12  19 July 2007

[1]      I refer to my minute dated 26 June 2007.   At that time I was favourably disposed to Mr J  ’s appeal on these terms:

[2]       On 16 February 2007 Mr J   applied to the District Court for bail. Judge James Rota noted that the essence of the charge was that Mr J   was guilty of cultivating at least 4000 cannabis plants at Patutahi, about 20 km south of Gisborne.  He had pleaded not guilty.   The Judge, after carefully reviewing all of the circumstances, declined the application.   He was apparently most influenced by Mr J  ’s previous history of offending.  He was not swayed by the offer of bail addresses and other conditions.

[3]       On 1 June 2007 Mr J   made a fresh application for bail on the basis that it was to be electronically monitored.   On that occasion Judge Tony Adeane also refused the application.  The essential ground of his refusal was that the police in Gisborne city would be unable to monitor Mr J  ’s compliance at Patutahi.  He was most effected by the geographical distance and was not satisfied that electronic monitoring would address the concerns raised by Judge Rota.

[4]       Mr  J    appeals  against  that  decision.    His  counsel,  Mr  Leighvi Maynard,   has   filed   a   comprehensive   and   constructive   synopsis   of submissions in support.  However, I share Judge Adeane’s concern.  I am not satisfied that Mr J  ’s compliance with the terms of bail could be adequately monitored if he lived in Patutahi.

[5]       In an attempt to find a way forward I invited Mr Maynard to make inquiries about the availability of a bail address in Gisborne city; that is, within 5 km of the Police Station.   He has made inquiries but in the time available has been unable to identify a firm address.  Mr Howard Lawry for the Crown advises that, even if an address is identified, the bail monitoring unit of the New Zealand Police will require at least 14 days to assess its suitability.

[6]       In  these  circumstances  I adjourn  the  application  for  a  telephone conference  before  me  at  9  am  on  19  July  2007.    In  the  event  that Mr Maynard has been able to provide the police with an address for Mr J   which is suitable for electronic monitoring, he will be admitted to bail on that  basis  (subject  to  the  conditions  suggested  by  Mr Lawry  that  he  is prohibited from possessing firearms or explosives).   If not, his application will be declined.

[2]      In response to my request the police have filed a comprehensive report.  They advise that the proposed address of 612 Gladstone Road, Gisborne is suitable for EM monitoring; the property is about 3 km from Gisborne Central Police Station; there are no access problems; and mobile cell coverage is good.

[3]      In these circumstances I allow Mr J  ’s appeal on these terms:

(1)He is to be bailed to the address at 612 Gladstone Road, Gisborne.  He is to comply with all standard conditions of EM bail annexed to the police report dated 12 July 2007 and to this judgment (a copy has also been provided to Mr J  );

(2)He is to observe a 24 hour curfew and to present himself at the door of the address when required by the police;

(3)      He is not to consume alcohol or non-prescribed drugs;

(4)He  is  not  to  contact  or  attempt  to  contact  any  witness,  whether directly or indirectly.

Rhys Harrison J