O v Police HC Auckland CRI 2009-404-265

[2009] NZHC 1291

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-404-265

O

v

NEW ZEALAND POLICE

Hearing:         18 September 2009

Counsel:         C P Comeskey for Applicant

C Ryan for Respondent

Judgment:      18 September 2009

JUDGMENT OF RONALD YOUNG J (EM Bail Application)

[1]      Mr O    sought  electronically  monitored  bail  on  10 July 2009  before Wylie J.  The application was refused.  The basis of the refusal had nothing to do with the suitability of the electronically monitored address it was proposed that Mr O   reside at in Auckland.  Nor was the police opposition to bail based on the suitability of the electronically monitored address with regard to Wylie J’s decision of 10 July 2009.

[2]      Bail  was  refused  because  of  the  very  high  risk  of  re-offending  on  bail. Mr O   now applies for an electronically monitored bail with a different address

in Wellington with his mother.

O V NEW ZEALAND POLICE HC AK CRI 2009-404-265 18 September 2009

[3]      Mr Comeskey urges me to reconsider bail on the basis that there will be better supervision, he will be away from his previous associates in Auckland and therefore the risk of re-offending while on bail is reduced.

[4]      However, I do not think it is proper for me to reconsider Wylie J’s decision. As I have said the previous decision relating to bail was made on the basis that the electronically monitored address was perfectly suitable but that the applicant for bail was at very high risk of re-offending while on bail.   Simply changing the electronically monitored address, in my view, does not change that basic proposition.

[5]      For those reasons, therefore, I would not be prepared to interfere with the previous decision.

[6]      Mr Comeskey has indicated that he may wish to ask if there could be a reconsideration by the original Judge, Wylie J.  That is a matter of course entirely for him  or  whether  Mr Comeskey  thinks  an  appeal  is  the  appropriate  method  to

challenge the previous decision.  Either way this appeal is dismissed.

Ronald Young J

Solicitors:

C P Comeskey, Barrister, PO Box 4304, Shortland Street, Auckland email:  chris[email protected]

C Ryan, Meredith Connell, PO Box 2213, Shortland Street, Auckland