McClure v Police HC Napier CRI 2010-441-43

[2010] NZHC 2059

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2010-485-77

NEW ZEALAND POLICE

Applicant

v

S

Respondent

Hearing:         21 October 2010

Counsel:         M Bott for Applicant

I R Murray for Respondent

Judgment:      21 October 2010

JUDGMENT OF RONALD YOUNG J

[1]      Mr S    you  now  appear  before  me  having  breached  your  bail  and probably breached your parole.

[2]      When you first appeared before me some time ago I indicated that I was sympathetic  to  the  possibility  of  a  rehabilitative  sentence  for  you  once  the outstanding charges were resolved.   At that time it was said that you intended to plead guilty to the possession for supply of methamphetamine and other breaches of

release conditions and bail.  That, as I understand it, is still your intention.

NEW ZEALAND POLICE V S HC WN CRI 2010-485-77  21 October 2010

[3]      When I saw you last I adjourned the matter to allow enquiries to be made as to whether a rehabilitative sentence was possible.  Eventually the matter came before Justice Gendall who decided that you could be granted bail in the meantime in the hope that ultimately your sentencing might also result in a rehabilitative sentence.

[4]      Regretfully the next day you breached your bail.   It may be that it is bad judgment by you but you have a bad list of previous convictions and a real risk was taken both by myself and Justice Gendall in giving you a chance.  You compromise that chance by your foolishness.   It is not possible for the courts to be constantly giving you chances and you simply doing as you choose.  It must have been obvious to you that you were not entitled to contact this woman at all and the claims I am afraid that this is simply an error of judgment do not impress me.

[5]      I am not prepared to grant you bail again.  I still leave open the possibility of a rehabilitative sentence on 27 October 2010 but in the meantime you cannot be trusted.    You  have  had  a  chance  under  very  unusual  circumstances  and  within

24 hours you compromised it.

[6]      You are remanded in custody initially at least until 27 October 2010 for your plea.  There will then have to be a further remand no doubt for a pre-sentence report and so on but I do not close the door completely Mr S   on a rehabilitative

sentence but you have got a lot of work to do to convince me.

Ronald Young J

Solicitors:

M Bott, Barrister, Wellington, email: [email protected]
I R Murray, Luke Cunningham & Clere, PO Box 10357, Wellington, email: [email protected]