R v W HC Wellington CRI-2006-085-7140

[2008] NZHC 2218

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2006-085-7140

THE QUEEN

Plaintiff

v

W

Defendant

Hearing:         3 March 2008

Appearances: I R Murray for Crown

R J Stevens for Accused

Judgment:      3 March 2008 at Oral

ORAL JUDGMENT OF MACKENZIE J

[1]      The  accused  is  currently  on  bail  awaiting  trial.    The  trial  was  due  to commence today, but has had to be adjourned because of a change of counsel by the co-accused.

[2]      The accused had been on bail at an address in Thorndon.  Mr Stevens informs me that she had raised with him the possibility of an application for a change of address, in the light of difficulties at that address.  In view of the imminence of the trial, Mr Stevens had not made a formal application.  When the trial was adjourned last week, he approached the Crown with a view to obtaining a change of address.

The Crown has checked the proposed address.  That is suitable, and the Crown has

R V W OJ HC WN CRI-2006-085-7140  3 March 2008

no objection to that address. However, inquiries made in connection with this request revealed that the accused had not been residing at the required address for approximately four weeks.   In those circumstances, the Crown has quite properly required the matter to be dealt with by the Court.

[3]      Under s 8(3) of the Bail Act 2000, a breach of bail conditions may be taken into account only in so far as it is relevant to whether there is a real and significant risk that the defendant may do any of the things set out in ss (1)(a).  I do not consider that the circumstances of the breach of bail conditions does disclose any such real and significant risk of, in particular, failure to appear in Court.  The appellant has answered bail as required, has reported to police as required, and had raised the difficulties with the bailed address with her counsel.

[4]      For these reasons, I consider that the breach of bail conditions does not disclose just cause for continued detention and that bail should be continued at the new address, and subject to a change of hours of curfew, to enable the accused to undertake employment as a cleaner.

[5]      Bail is accordingly continued, on the existing terms but with the following alterations:

a)        The bailed address is changed from 15 Burnell Avenue, Thorndon to

26b Marshall Street, Karori.    The hours of the curfew are changed from 6pm to 8am to 9pm and 8am.

“A D MacKenzie J”

Solicitors:         Luke Cunningham & Clere

Fanselows