P v Police HC Rotorua CRI 2010-463-27

Case

[2010] NZHC 885

7 May 2010

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IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI 2010-463-27

BETWEEN  P

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         7 May 2010

Counsel:         A A M Schulze for Appellant

A J Gordon for Respondent

Judgment:      7 May 2010

(ORAL) JUDGMENT OF PREISTLEY J

Solicitors:

Crown Solicitor, PO Box 740, Rotorua

Lance Lawson, PO Box 2279, Rotorua

P V NEW ZEALAND POLICE HC ROT CRI 2010-463-27 7 May 2010

[1]      This is an appeal; from a decision of Judge Kerr in the District Court at

Rotorua on 12 April 2010 declining bail.

[2]      The accused, who is currently remanded in Waikeria, faces a number of charges including two counts of attempted murder, reckless driving and possession of cannabis.

[3]      The difficulty facing the appellant when he appeared in the District Court last month was that he had no suitable bail address outside Rotorua.  At an earlier bail appearance on 7 April before Judge Cooper, the Judge indicated that a bail address outside Rotorua or electronic monitoring might be a solution.

[4]      Counsel have conferred.  A Tauranga address is available.

[5]      Accordingly the appeal is allowed.  The appellant is remanded on bail on the following conditions:

a)        He is to reside throughout at the address of his cousin, Mr Michael

P   at 35D Esmeralda Street, Welcome Bay, Tauranga.

b)He is not to travel inside a 10km radius from the Rotorua Post Office except for the purposes of attending Court or instructing his counsel.

c)        He is to surrender his passport to the Registrar of the High Court.

d)He is not to consume any alcohol or illicit drugs or enter licensed premises with the exception of supermarkets.

e)       He is not to contact the alleged victims or relevant witnesses who are specified as being J M Sturt, S A McGregor, P C Cross, V L Harvey, D B Parry, T J Kinita, A M Anderson and B A Sturt (the alleged victim’s mother).

.......................................

Priestley J

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