M v Police HC Wanganui CRI 2007 483 27

[2007] NZHC 1254

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI 2007 483 27

M

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         14 November 2007 (Heard at Wellington)

Counsel:         D Goodlet for Appellant

K Gray for Respondent

Judgment:      14 November 2007

ORAL JUDGMENT OF MACKENZIE J

[1]      This is an appeal against refusal of bail.

[2]      The appellant pleaded guilty to three charges, two occurring on 28 September

2007 being one of assault and one of theft, and one on 6 October 2007 of theft of items from a car.   The Judge expressed concern that the appellant had recent appearances in both August and September on similar charges.  He said:

What is plain to me is that you have offended within days of appearing in Court on dishonesty matters.  I cannot be satisfied that you will not offend again if I release you into the community at this stage.

M V NEW ZEALAND POLICE HC WANG CRI 2007 483 27  14 November 2007

The Judge accordingly refused bail.

[3]      The appellant is aged just 18 years of age so that s 15 of the Bail Act applies. The Court must release the appellant on bail or otherwise subject to such conditions as it thinks fit.   That is subject to the specific provisions in the Bail Act none of which are applicable and to s 142 of the Criminal Justice Act.

[4]      There is no reference in the Judge’s decision to the appellant’s age, although counsel advises that he was well aware of it.  Nor is there ia reference to s 15.  It appears that the Judge has approached the matter on the basis that s 13 of the Bail Act applies.  That is not the case.

[5]      In the circumstances, the matters relied upon by the Judge for refusal of bail could not be seen as falling within the circumstances in s 142 of the Criminal Justice Act in which bail might be refused.

[6]      The appeal must accordingly be allowed, and the appellant will be released on bail to appear for sentence on 5 December 2007 at 10.00 a.m.   That will be subject to the following conditions:

1.The appellant is to reside at the address at 99 Kaukatea Valley Road, Okoia, Wanganui District.

2.The appellant will be subject to a curfew at that address between the hours of 7.00 p.m. and 7.00 a.m.  The appellant must answer the door if a check is made between those hours.

3.The appellant must not enter the Wanganui central business district at any time during the period of bail.

[7]      The appellant is accordingly allowed on that basis.

……………………………

A D MacKenzie J

Solicitors:
Crown Solicitor, Wanganui, for Respondent