S v Police HC Christchurch CRI 2007 409 93

[2007] NZHC 443

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2007 409 93

S

Appellant

v

POLICE

Respondent

Hearing:         4 May 2007

Appearances: R G Glover for Appellant

Ms Connew for Probation Service

Judgment:      4 May 2007

ORAL JUDGMENT OF CHISHOLM J

[1]      This bail appeal has been brought on short  notice as a result  of concern expressed by the police that the 20 year old appellant had been remanded in custody pending the hearing of a charge relating to an allegation that he failed to complete a sentence of 120 hours of community work.  It appears that he was refused bail when the District Court list was heard yesterday.  As far as I can gather, no reasons were given.

[2]      It is accepted by the Probation Service that bail should have been granted. From what I can gather the appellant may have a genuine defence.  Bail is allowed and the appellant is bailed to appear in the District Court for a status hearing on 21

S V POLICE HC CHCH CRI 2007 409 93  4 May 2007

May 2007.  He is to reside at 19 Elizabeth Street, Rolleston (or such other address as he may provide to the Court and to the Probation Service, provided that any other address is approved by the Probation Service).

[3]      Given the matters that have been discussed during the hearing of this appeal, Ms Connew sensibly suggested that it may be in the appellant’s interests for him to go into the work centre so that he can discuss the situation with Mr Foster.   Mr Glover agrees.

Solicitors:         Glover Sewell, Christchurch

Copy to:            Probation Service