R v Guthrie HC Auckland CRI 2006-004-011979

[2008] NZHC 2343

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-004-011979

THE QUEEN

v

GINA GUTHRIE

Hearing:         19, 20 and 21 May 2008

Appearances: Ms S Mandeno for the Crown

Ms M Pecotic for the Accused

Judgment:      22 May 2008

[ORAL] JUDGMENT OF WYLIE J

Solicitors:

Crown Solicitor, P O Box 2133, Auckland

Ms Pecotic, P O Box 6379, Wellesley Street, Auckland

R V GUTHRIE HC AK CRI 2006-004-011979  22 May 2008

[1]      Ms Guthrie, you have been found guilty of serious offences under the Misuse of Drugs Act 1975.  I must not grant you bail unless I am satisfied on the balance of probabilities that it would be in the interests of justice in this particular case to do so. The onus is on you to show cause why bail should be granted.

[2]      I have listened to the submissions made by Ms Pecotic on your behalf.  The matter which has given me the most anxious consideration is in relation to your two children who as I understand are principally in your care.   Nevertheless, it seems very likely to me that you will receive a sentence of imprisonment.  Sentence can be passed upon you reasonably promptly and in my view, there are no circumstances other than the interests of your family which suggest that in the interests of justice you should be bailed.

[3]      Having considered the matter in the round, I am not minded to grant you bail. You are remanded in custody for sentence at 9.00am on Tuesday 24 June 2008.  I direct  that  a  pre-sentence  report  and  a  drug  and  alcohol  assessment  report  be obtained.

Wylie J