Keenan v Police HC Auckland CRI 2009-404-257

[2010] NZHC 1039

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-404-257

BETWEEN  RICHARD SHANE KEENAN Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         26 May 2010

Counsel:         J Soondram for Appellant

P Dean for Respondent

Judgment:      26 May 2010

ORAL JUDGMENT OF MILLER J

[1]      Mr Keenan you have pleaded guilty to one representative count of selling methamphetamine,  and  I am  told  you  are  for  sentence  in  the  District  Court  in September.

[2]      You were granted EM bail in this Court because you were charged with a drug dealing offence and a previous conviction for dealing Class A drugs.  You were granted EM bail notwithstanding the guilty plea, so that you could put your affairs in order before beginning your sentence of imprisonment.

[3]      The police now say that at 12.07am on the 26th  of May you breached your electronic bail by leaving the bail address for some seven minutes.  That caused them to go to the address to conduct a bail check.   There they found you, and in the presence of the police you attempted to conceal your wallet down the front of your pants.  Located in the wallet was a bag containing 0.31 grams of methamphetamine

and a small amount of cannabis.   You also directed them to a small amount of

RICHARD SHANE KEENAN V NEW ZEALAND POLICE HC AK CRI 2009-404-257  26 May 2010

cannabis head in an ice-cream container on the garage work bench where there was a cannabis bong.

[4]      Your instructions to Mr Soondram are that the items in the wallet were yours but that they had been there for a long time and you say that the cannabis on the work bench was not yours and they belonged to your step-son.

[5]      However, it can only be said that there appears to be a cogent case that you have breached your EM bail conditions in two respects.  That is, leaving the address and being in possession of controlled drugs there.

[6]      In the circumstances the only proper course is to revoke your bail.  You will be remanded in custody.

Miller J

Solicitors:

Crown Solicitor’s Office, Auckland for Respondent