M v Police HC Auckland CRI.2007 063 4054

[2008] NZHC 425

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI.2007 063 4054

BETWEEN  M

Appellant

ANDTHE POLICE Respondent

Hearing:         2 April 2008

Counsel:         Kevin Glubb for Crown

Mr M   in person

Judgment:      2 April 2008

[ORAL] JUDGMENT OF WILLIAMS J

[1]      Mr M  , you are here today for what are said to be breaches of your bail terms.

[2]      On 21 September last year you were given bail on conditions that you lived at

17 Horlicks Place, Manurewa and were there between 7:00pm and 7:00am and presented yourself at the door if the Police called to check.  Now you say you think you have a bail bond which gives you a later curfew.  I cannot see it anywhere on this file and I think we have to deal with it on the basis that you have to be at Horlicks Place, Manurewa, from 7 o’clock at night until 7 o’clock the next morning, every night.

[3]      It also says you are not to go to Rotorua except to attend Court and instruct

Mr Edward who is your lawyer.

M V POLICE HC AK CRI.2007 063 4054  2 April 2008

[4]      Now, according to the papers I have, on 25 February 2008 you were not where you were meant to be at Horlicks Place when the Police checked.  In fact, you were in Rotorua because your girlfriend was down there having a baby.  You are not allowed to go to Rotorua except for the Court or except to see Mr Edward, not just because your girlfriend is pregnant and you are concerned about her.

[5]      Then, last night, you were not at Horlicks Place when the Police called at

2042 hrs.  Admittedly you were only a few doors away, getting some DVDs, but you cannot do that either.  You need to get someone else to carry out those errands.  And also there have been occasions when apparently you have not answered the door when the Police have been there.

[6]      You are on bail.  The bail has got conditions.  You have to comply with them. If you do not, you are likely to end up in custody.  If you need some change to the bail terms, like allowing you to go to Rotorua to see your girlfriend or for medical purposes, then you have to get Mr Edward to ask the Court to change the bail.  You cannot just take it into your own hands.  If you do, you finish up in custody.  Do you understand all that?

Mr M  :   Yeah.

[7]      OK.   Well I have warned you.   There are those breaches.   If you do not comply with the terms of bail, as I have also warned you, you are going to finish up in gaol.  Stand down.

…………………………..

WILLIAMS J.

Solicitors:

Crown Solicitor, Auckland

Email:  [email protected]

Harry S Edward, P O Box 738 Rotorua

Email:  [email protected]