McCloskey v R HC Auckland Cri-2005-004-5609

[2007] NZHC 1915

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2005-004-005609

BETWEEN  TERESA MCCLOSKEY Applicant

ANDTHE QUEEN Respondent

Hearing:         25 June 2007

Appearances: Peter Davey for Applicant

Sarah Mandeno for Respondent

Judgment:      25 June 2007

JUDGMENT OF HARRISON J (BREACH OF BAIL)

SOLICITORS

PJ Davey (Auckland) for Applicant

Meredith Connell (Auckland) for Respondent

MCCLOSKEY V R HC AK CRI-2005-004-005609  25 June 2007

[1]      Ms McCloskey, on 21 May 2007, during the second week of trial in this Court, you pleaded guilty to one count of importing pseudoephedrine.   Cooper J granted you bail pending sentence at 9 am on 5 July 2007.  Among the terms of bail were that you were to reside at an address in Northcote, remain there every day between 10 pm and 7 am, and report once weekly to the New Zealand Police at Takapuna on Fridays between 8 am and 4 pm.

[2]      By way of brief background, you have previously committed a number of breaches of terms of bail granted in this Court.   Ms Mandeno for the Crown has referred to three – on 5 March, 23 March and 23 April.  On 9 May 2007 Venning J issued a warrant for your arrest.  He was satisfied that you had failed to report twice previously when required – on 27 April and 4 May.

[3]      On Friday 22 June at about 10.04 pm you were stopped in Glenfield at a police checkpoint while driving a motor vehicle.  At that time you were subject to an order for disqualification from driving.  You also gave false particulars.  Again that was not the first time that you have committed such an offence; on 11 April 2007 you gave false details to the police.

[4]      Furthermore, you had failed to report to the police between 8 am and 4 pm on

22 June.

[5]      Today on your behalf Mr Davey has admitted your offending and breaches of bail, and provided an explanation in mitigation.   He said that you drove out of a sense of responsibility to collect children from a movie theatre.  The person who was designated to collect them was, you say, drunk.   Mr Davey said you had already delivered the children to their home and were returning to your address when you were  apprehended.    He accepts  your  behaviour  was  foolhardy.    He  refers  to  a discussion with Crown counsel who has advised that at sentencing on 5 July the Crown will not oppose a term of imprisonment of two years or less or an application to apply for home detention.   I interpolate that, given your recent history, your prospects of being granted leave must be slight.

[6]      In any event, Mr Davey makes one last plea for leniency.  He says that you must make arrangements for the care of your two children. You were due to attend a family meeting for that purpose this evening.  He also says that you are scheduled to contact your neurologist to obtain evidence about the nature, extent and effect of head injuries which you sustained in a motor accident last year.

[7]      Ms McCloskey, bail is an indulgence. You were fortunate that Cooper J did not remand  you in custody pending sentence. You  have  breached  the  trust  and confidence which he imposed in you.  I have no doubt whatsoever that you do not pay attention to or comply with the terms of bail.  You leave me with no option but to revoke your bail and remand you in custody until sentencing in this Court at 9 am on 5 July 2007.

[8]      Additionally,  I  direct  that  your  breaches  be  noted  in  the  Crown  Book pursuant to s 63 Bail Act 2000.  Please stand down.

Rhys Harrison J