R v N HC Auckland CRI 2007-092-773

[2008] NZHC 2370

This case has been anonymized

NOT TO BE PUBLISHED UNTIL FINAL DISPOSITION OF TRIAL

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-092-773

THE QUEEN

v

N

Hearing:         5 June 2008

Appearances: S N B Wimsett for Crown

H B Leabourn for Accused

Judgment:      5 June 2008

JUDGMENT OF WOODHOUSE J

Solicitors:

Crown Solicitor, Auckland

Counsel:

H B Leabourn, Guardian Chambers, Auckland

R V N HC AK CRI 2007-092-773  5 June 2008

[1]      Mr N   was arrested this morning when he voluntarily attended at the Manukau  Police  Station, having  failed  to  report  as  required  by one  of  his  bail conditions, on Saturday 31 May 2008.

[2]      Prior to that, on 17 May Mr N   had reported over four hours late, that is to say just after 8 pm, when he is required to report every Saturday to the Manukau Police Station between 8 am and 4 pm.

[3]      The  proffered  reason  for  the  late  reporting  on  17  May  was  transport difficulties Mr Noonan has. He is a disqualified driver, as is his wife. He has very little money. He has only $20 at his disposal which is to cover his expenses during the week where he is a resident at the Te Ara Hou Alcohol and Drug Residential Service in Weymouth. There is no phone at his home.

[4]      The failure to attend on 31 May was because of the transport difficulties and the other matters I have just mentioned. His home is possibly ten kilometres from the Manukau  Police  Station. When  he  returned  to  the  drug  rehabilitation  centre  on Sunday 1 June he was  advised  that  he  should  contact  the  police  which  he  did reasonably promptly. He was advised to surrender himself or voluntarily appear at the police station. He was unable to do that until today, 5 June 2008, because there was no-one at the drug rehabilitation centre able to transport him into Manukau.

[5]      Following discussions with Mr Wimsett for the police, it was accepted that bail in all the circumstances outlined should be granted. There was a further discussion about the present condition requiring reporting to the Manukau Police Station  every  Saturday  between  8  am  and  4  pm.  The  only  risk  that  has  been identified that may be relevant is the risk of re-offending. Following further discussions with Mr Wimsett in particular, but also with Mr Leabourn for Mr N  , it became apparent that the condition to report, having regard to the other conditions, serves little practical purpose, while at the same time creating real practical difficulties for Mr N  . In the circumstances I propose to delete that condition on the granting of fresh bail.

[6]      Mr N   is released on bail on the following conditions:

1.        To reside at Te Ara Hou Alcohol and Drug Residential Service at 8

Lucas Place, Weymouth, or as directed by Te  Ara  Hou,  between

Sunday night and Friday at 11 am.

2.From Friday evening through to Sunday evening Mr N   is to live at Flat 1/101 Mahon Road, Papakura.

3.        Mr N   is not to be absent from Mahon Road between the hours of

9 pm and 6 am on Friday night and Saturday night.

4.Mr  N    is  to  present  himself  at  the  door  of  the  Mahon  Road property if a curfew check is performed by the police.

[7]      This bail is granted on these conditions with Mr N   remanded to the trial date on 6 October 2008 at 9 am.

Peter Woodhouse J