R v N HC Auckland CRI-2007-044-8488

[2009] NZHC 1833

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2007-044-8488

CRI-2008-044-1708

QUEEN

v

N

Hearing:         23 June 2009

Appearances: KL Bannister for Crown

Ms N   appearing on her own behalf (Counsel, G Anderson, unable to attend Court)

Judgment:      23 June 2009

JUDGMENT OF ASHER J

Solicitors:

Meredith Connell, Crown Solicitor, PO Box 2213, Auckland

G Anderson, Barrister, Auckland

R V N HC AK CRI-2007-044-8488  23 June 2009

[1]      N    appears this morning.   She is  on  bail  pending her sentence in this Court at 9:00 am, Thursday 9 July 2009.

[2]      This  is  her  second  breach  of  bail.    The  circumstances  are  that  she  was stopped in Hopetown Street when she was in breach of curfew.  The police state that she gave false details about her identity.  She had on 10 June 2009 appeared for an earlier breach of bail.  On that occasion Lang J indicated he was minded to revoke her bail but in the end was persuaded to release her.  He recorded that he had warned her that any further breaches of bail were likely to result in her being remanded in custody until sentence.

[3]      Ms N   has appeared today without her lawyer who is unable to attend. He sent an email recording that he was unable to attend Court today, but suggested that Ms N   be remanded in custody until her sentencing date, and that he would bring a bail application if instructed.   Ms N   has spoken to me in Court this morning and presented an explanation as to what happened.

[4]      However, at this stage I consider that she has breached bail and has failed to observe the warning given to her.   In the circumstances, there is a risk of further breaches and a possible flight risk, and I am not prepared to extend bail further.

[5]      Accordingly Ms N   is remanded in custody.  If she wishes to seek bail she should contact Mr Anderson, her lawyer, urgently.

…………………….

Asher J