R v De Serville HC Auckland CRI 2006-004-3084

[2008] NZHC 2355

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-004-3084

THE QUEEN

v

JUSTIN PAUL HUEGE DE SERVILLE

Hearing:         30 May 2008

Appearances: K Lummis for the Crown

P Kaye for the Accused

Judgment:      30 May 2008

ORAL JUDGMENT OF WOODHOUSE J

Solicitors / Counsel:

Ms K Lummis, Meredith Connell, Office of the Crown Solicitor, Auckland

Mr P Kaye, Barrister, Auckland

R V DE SERVILLE HC AK CRI 2006-004-3084  30 May 2008

[1]      Mr De Serville has just pleaded guilty to a number of counts and has been remanded for sentence on 29 August 2008 at 9:00 a.m.  There has been no plea on the remaining counts which are to be dealt with on that same date.

[2]      Mr  De  Serville,  through  Mr  Kaye,  has  applied  for  bail.     Mr  Kaye acknowledged the onus on Mr De Derville in terms of s 13.   Ms Lummis, for the Crown, took a neutral stance on the matter.

[3]      The particular reasons for seeking bail are that since Mr De Serville was released  on  bail  approximately  8  ½  months  ago,  having  been  in  custody  from October 2006, he has made major efforts to rid himself of a number of serious addictions.  I have been provided with careful reports from the Higher Ground Drug Rehabilitation Trust which Mr De Serville attended from October to late December

2007 and then from the Wings Trust where Mr De Serville has been a client resident since 9 January.  Both reports confirm the major efforts he has made to rehabilitate himself in respect of his addictions.  Additionally, I was advised by Ms Lummis that the officer-in-charge of the matter has visited Mr De Serville at the Wings Trust and has noted a marked improvement in him since he was first arrested.  I acknowledge the assistance from the police officer in that regard.

[4]      I also note that the manager of the Wings Trust is in Court indicating his support.

[5]      The other matter to take into account is that sentencing will not occur until 29

August, which is a reasonably significant period.    Mr Kaye responsibly acknowledged that imprisonment must be a serious possibility if not probability, but nevertheless will be seeking a home detention report in addition to the usual pre- sentence report with a view to making application for a sentence of home detention. To facilitiate that it will also be beneficial for Mr De Serville to be a resident at Wings Trust.

[6]      Having regard to all of these matters I do grant bail.  This is on the condition that Mr De Serville live at the Wings Trust premises at 41 Walters Road, Mt Eden.

There is also a condition that Mr De Serville be and remain at the Wings Trust residence between the hours of 10:00 p.m. and 7:00 a.m.   He is not to consume alcohol or any non-prescription drug.  He is to comply with the rules and directions

of Wings Trust.

Peter Woodhouse J