Police v H HC Auckland CRI 2009-004-5169

[2009] NZHC 1171

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2009-004-5169

THE POLICE

Applicant

v

H

Respondent

Hearing:         3 September 2009

Appearances: C Ryan for applicant

M Gibson for respondent

Judgment:      3 September 2009

JUDGMENT OF ALLAN J

Solicitors:

Crown Solicitor Auckland

M Gibson, [email protected]

POLICE V  H HC AK CRI 2009-004-5169  3 September 2009

[1]      Mr H   faces four charges in which serious sexual offending is alleged. He is to appear at first callover in this Court on 30 September 2009.  He is before the Court today in consequence of what the police believe to have been a breach of his bail conditions.

[2]      Having  considered  the  conditions  concerned  and  discussed  them  with Ms Ryan and Mr Gibson I am by no means satisfied that a breach has occurred.  The conditions are, to say the least, ambiguous.

[3]      Nevertheless it is appropriate as I am invited to do by counsel, to tidy up the bail conditions to ensure there is an element of certainty and no future misunderstanding.   I record the fact that there is a measure of agreement between counsel to the effect that, at least for the time being, sufficient protection will be afforded both to the complainant and to the community by a night time curfew, accompanied by other existing conditions.

[4]      Accordingly, the conditions of Mr H  ’s bail are varied and will now read as follows:

a)        He is to live at 16 Hewlett Street, Massey;

b)        He is to be and remain at that address between the hours of 8 pm and

6 am nightly;

c)       He is not to communicate or contact or attempt to communicate or contact either directly or indirectly, with the complainant and/or any relative of the complainant, or any Crown witness;

d)       He is not to associate with the complainant whilst on bail;

e)       He  is  not  to  go  on  to  the  Te  Atatu  Peninsula  which  for  present purposes is defined as that part of the Te Atatu area which lies to the north of the Northwestern Motorway;

f)        He is to present himself at the door whenever requested to do so by a member of the police during the hours of curfew.

C J Allan J