Martin v Police HC Auckland CRI 2009-404-156

[2010] NZHC 1042

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2010-404-156

BETWEEN  JACOB ALBERT MARTIN Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         28 May 2010

Counsel:         M A Kennedy for Appellant

S McColgan for Respondent

Judgment:      28 May 2010

ORAL JUDGMENT OF MILLER J

[1]      Before me is an application for EM bail.

[2]      The  matter  is  in  this  Court  for  reasons  given  in  the  judgment  of  Hugh Williams J on 26 March 2010.   In that judgment standard bail was refused, hence this application.

[3]      The facts are that Mr Martin, a student aged 20, is addicted to GBL.  He has pleaded guilty to a number of charges relating to its importation in 2009, and is for sentence in the District Court on 4 June.  The quantity was approximately one litre. Since then he has also charged with a further and larger importation in March 2010. The quantity was 10 or 12 litres.  He is to appear on those charges on 23 June.

[4]      The sentencing on 4 June is likely to be adjourned and it is expected that he will plead guilty to the second set of charges and be sentenced on all matters together

following completion of a residential treatment programme.

JACOB ALBERT MARTIN V NEW ZEALAND POLICE HC AK CRI 2010-404-156  28 May 2010

[5]      Williams J  noted that  there is  very strong evidence  that  Mr  Martin  had offended while on bail for similar offending.   That being so, the risk of further offending on bail is substantial.  The question is whether EM bail will address those risks.

[6]      The address is appropriate.  It is the home of his mother and step-father, who are in Court today.  They are appropriate people to live with him.  His mother has a job, however, which takes her away from the house for lengthy periods and the police have expressed a risk that others will not be able to exercise adequate oversight.  And of course, EM bail does not prevent drug offending within the bail address.   For these reasons the police opposed EM bail initially, and for the same reasons I would not be prepared to bail him on any terms so long as his addiction remains untreated.

[7]      Appearing before me today however, Ms Kennedy explains that he has been assessed as suitable for the Bridge Programme.   He is to go into a treatment programme, the Bridge Programme or another similar programme, as soon as possible.  She cannot tell me from what date he will start and she understands that he will not be accepted into such a programme directly from prison.  The idea is that he will be EM bailed to such programme as soon as a place is found for him.

[8]      I have also heard today from Mr McColgan in Chambers.

[9]      Accordingly, the application is granted.  Mr Martin is admitted to EM bail. The bail address is 3 Kenneth Hopper Place, Whangapaora.  He is to go immediately to that address from prison as soon as he is released, there to remain and await the arrival of the security officers.  He will be called in this Court in two weeks times so that his conditions of bail can be reviewed and the Court can be told whether he has been found a place in a treatment programme.   His appearance on that date is excused.  In the meantime, it is a condition of his bail that his mother, Linda Martin,

or his step-father Ken McLeod be in the house with him at all times.

Solicitors:

Crown Solicitor’s Office, Auckland for Respondent

Miller J