L v Police HC Auckland CRI 2007-004-4835

[2008] NZHC 566

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-004-4835

L

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         23 April 2008

Appearances: R Earwaker for Applicant

K Glubb for Respondent

Judgment:      23 April 2008

JUDGMENT OF WOODHOUSE J (breach of bail)

Solicitors / Counsel:

Mr R Earwaker, Barrister, Auckland

Mr K Glubb, Meredith Connell, Office of the Crown Solicitor, Auckland

L V NEW ZEALAND POLICE HC AK CRI 2007-004-4835  23 April 2008

[1]      Mr L   was arrested at 4:26 a.m. this morning for apparent breach of a condition of bail.  He was required to be back at his flat by 3:00 a.m., with a curfew from 3:00 a.m. to 12:00 noon.  When police officers checked at 3:05 a.m. it appears that Mr L   was not there.  The arrest followed at 4:26 a.m.

[2]      Mr Glubb for the Crown, having made inquiries, has confirmed that there was in essence misunderstandings on both sides.  Mr L   said that he got back to his apartment by 3:00 a.m.   It is accepted that his watch was out to a limited extent. When he was informed by his flatmate that the Police had called Mr L   went to the Central Police Station to clear the matter up.  Unfortunately that information was not passed on to the police officers dealing with the compliance with bail matters, and that led to the arrest.

[3]      In the circumstances there is no question of keeping Mr L   in custody.  Bail is therefore granted afresh on the original terms.

[4]      I record that I spoke to Mr L   and suggested that it would be best, to avoid any complications, that he try to get back to his flat by about 2:45 a.m. and also

make sure that his watch keeps good time.

Peter Woodhouse J