P v Police HC Rotorua CRI 2008-463-79

[2008] NZHC 1924

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI 2008-463-79

P

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         4 December 2008

Appearances: O Brittain for the Appellant

C Macklin for the Crown

Judgment:      4 December 2008

ORAL JUDGMENT OF WOODHOUSE J

Solicitors:

Ms O Brittain, Harry Edward, Solicitors, Rotorua

Mr C Macklin, Gordon Pilditch, Office of the Crown Solicitor, Rotorua

P V NEW ZEALAND POLICE HC ROT CRI 2008-463-79 4 December 2008

[1]      Mr P   appeals against refusal of bail.  Bail was refused in the District Court on 10 November 2008 after Mr P   pleaded not guilty to a charge of refusing to permit a blood specimen to be taken under the provisions of the Land Transport Act.

[2]      Since  the  appeal  was  lodged  the  circumstances  have  changed  and  it  is appropriate for me to assess the question of bail as if it were an original application, although technically it sill proceeds by way of appeal.  Accordingly, there is no issue arising in respect of the decision of the learned District Court Judge.

[3]      The change in circumstances is that Mr P   has now pleaded guilty.  In the normal course that might make his application for bail more difficult having regard to s 16 of the Bail Act.  However, Mr Macklin, for the Police, has now been able to advise that there is no opposition to the grant of bail pending sentence, provided certain conditions are imposed, to which I will come.

[4]      Bearing in mind that Mr P   has been in custody for 25 days and if he remained in custody until sentencing on 8 January 2009 he would be in custody for a further month or so, and the maximum penalty is 3 months imprisonment, I am satisfied that it is now appropriate to grant bail subject to strict conditions.

[5]      Accordingly, for the technical reason I have noted the appeal is allowed and

Mr P   is granted bail to appear for sentence in the District Court on 8 January

2009.

[6]      Bail is granted subject to the following conditions:

a)        Mr P   is to live at 23A Mansfield Road, Rotorua. b)   Mr P   is not to drive any motor vehicle.

c)        The keys to Mr P  ’s car are presently with Mr P  ’s son and are to remain with Mr P  ’s son.

d)Mr P   is not to consume alcohol, except at his home at 23A Mansfield Road.

e)       Mr P   is to report to the Probation Service at 1232 Haupapa Road, Rotorua on Monday 8 December 2008 at 10:00 a.m. for the purposes of preparation of a pre-sentence report and to attend further at the Probation Service on a later date, if required, for completion of

that report.

Peter Woodhouse J