R v T HC Auckland CRI 2008-092-1926

[2009] NZHC 1277

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-092-1926

THE QUEEN

v

T

Hearing:         17 September 2009

Counsel:         N Webby for Crown

S Tait for Accused

Judgment:      17 September 2009

JUDGMENT OF RONALD YOUNG J (Breach of bail)

[1]      This matter has come before me because Mrs T   has breached her bail.  A condition of her bail was that she reside initially at Waldos Way, Mangere and then Tilberg Street, Mangere after renovations had been completed there.  She was to be on a twenty-four hour curfew there with exceptions.  She seeks new bail. The Crown do not oppose.

[2]      The police report is that they received information that Mrs T   was not living at Tilberg Street, Mangere.  They visited the residence and were told she was  not  living  there.    They  obtained  a  new  address  from  Work  and  Income

New Zealand.  It seems that she had moved out of the house some time in August,

R V T HC AK CRI 2008-092-1926  17 September 2009

had told her psychologist but had not told her lawyer and no variation of bail was sought or obtained.

[3]      Mrs T   this is the third time you have breached bail.  You are very lucky to be getting bail again.  When I read the file this morning and came down to Court my intention was to remand you in custody until your trial next year.   Any breach from now on, whatsoever, is going to result in the remand in custody.  Do you understand that?   You will not be given another chance.   You will obey the terms of your bail without exception or you will be in custody.   You face a very serious charge.   You are far too casual with the terms of your bail.   I give you a formal warning and there will an appropriate notation in the Crown book.

[4]      I remand you on bail.   The bail conditions will be the same as previously imposed, save that the residential clause will change to 121B Favona Road, Mangere

and of course the curfew that applies will apply at that residence.

Ronald Young J

Solicitors:

N Webby, Associate, Meredith Connell, PO Box 2213, Auckland email:  nick[email protected]

S Tait, Barrister, PO Box 76 538, Manukau City, Auckland, email:  [email protected]