R v Bourne

[2025] NZHC 1167

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-044-003817

[2025] NZHC 1167

THE KING

v

DESMOND LAWRENCE BOURNE SERENE TILSLEY

Hearing:	14 May 2025
Counsel:	C R Purdon for Crown
Judgment:	14 May 2025

JUDGMENT OF BREWER J

[Warrant to Arrest Witness]

Solicitors:

Meredith Connell (Auckland) for Crown

R v BOURNE [2025] NZHC 1167 [14 May 2025]

[1]                 On 18 July 2023, I issued a warrant pursuant to s 161 of the Criminal Procedure Act 2011 (the Act) for the arrest of Ms Dyanne Norris and for her to be brought before the Court. That is because Ms Norris was a witness in this trial, had been summoned to appear under s 159 of the Act, and had failed to answer the summons.

[2]                 Earlier today, I was advised by the registry that the warrant has now been executed and that Ms Norris was in custody in the courthouse. The registry official suggested I withdraw the warrant.

[3]                 Pursuant to s 163 of the Act, the warrant may be withdrawn by leave of a judicial officer at any time before it is executed. This warrant has now been executed.

[4]                 Section 164 of the Act prescribes what can be done with a witness who has been arrested under a warrant. The choices are to detain the witness in a prison until the hearing for which the witness is required or to grant them bail.

[5]                 The purpose for which the warrant was issued ceased to exist once the trial for which Ms Norris was required as a witness came to an end. The s 164 options cannot be exercised. It is possible that contempt of court proceedings could be pursued, but that is for the Crown.

[6]                 In the event, I had Ms Norris appear in open court to answer to the warrant. The Crown was represented.

[7]Nothing further can be done, and I direct that Ms Norris be released.

Brewer J