S v Police HC Hamilton CRI-2006-419-165

[2006] NZHC 1506

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2006-419-165

BETWEEN  S

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         5 December 2006

Appearances: Kit Clews for Appellant

Jamie O’Sullivan for Respondent

Judgment:      5 December 2006

JUDGMENT OF HARRISON J

SOLICITORS

Kit Clews (Hamilton) for Appellant

Almao Douch (Hamilton) for Respondent

S V POLICE HC HAM CRI-2006-419-165  5 December 2006

[1]      Mr S  ’s appeal against a decision of Judge McAloon in the District Court at Hamilton declining him bail was adjourned by Cooper J on 1 December for a further hearing today.  The purpose of the adjournment was to enable the police to make inquires about the suitability of an address to which Mr S   might be bailed if his appeal was allowed.  The police had not had an opportunity to consider the issue on 1 December.

[2]      Ms O’Sullivan advises today that the officer-in-charge has made inquiries. The address nominated by Mr S   is the residence of a prosecution witness. Plainly it is unsuitable.

[3]      In these circumstances Mr Clews advises that he cannot pursue the appeal meaningfully.  Accordingly, I dismiss it.

Rhys Harrison J