Police v S HC Rotorua CRI-2010-463-30

[2010] NZHC 1685

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2010-463-30

THE NEW ZEALAND POLICE

v

S

Hearing:         1 July 2010

Counsel:         L Maynard for the Crown

A Schulze for Appellant

Judgment:      2 July 2010

ORAL JUDGMENT OF JOSEPH WILLIAMS J

Solicitors:

Crown Solicitor, PO Box 740, Rotorua

Lance & Lawson, Rotorua, phone: [phone]

THE NEW ZEALAND POLICE V S HC ROT CRI-2010-463-30  2 July 2010

[1]      Mr  S    appeals  a  refusal  to  grant  bail.    The  appeal  came  before Priestley J in May of this year, and officials were despatched to determine whether there was an address at which EM bail would work.  Those enquiries have still not been undertaken.

[2]      However,  in  the  meantime  Mr  Schulze  advises  that  the  appellant  has appeared in the District Court on 1 June 2010 having pleaded guilty to five charges of receiving, and not guilty to two burglary charges.  That background makes any appeal in this case utterly hopeless.

[3]      Section 13 of the Bail Act requires Mr S   to convince me that bail should be granted given the charges to which he has already pleaded guilty.  Given his extensive history (including a comment referred to by Mr Maynard as “brazen” to Priestley J in which he indicated that burglary was his trade and “what he does best”) there is simply no prospect that bail of any kind could be granted to this man.

[4]      The appeal is dismissed accordingly.

“Joseph Williams J”