S v Police HC Rotorua CRI 2010-069-223

[2010] NZHC 905

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI 2010-069-223

BETWEEN  S

Applicant

ANDNEW ZEALAND POLICE Respondent

Hearing:         7 May 2010

Counsel:         K Ewen for Applicant

A J Gordon for Respondent

Judgment:      7 May 2010

(ORAL) JUDGMENT OF PRIESTLEY J

Solicitor:

Crown Solicitor, PO Box 740, Rotorua
Counsel:

K J Ewen, PO Box 2193, Taupo

S V NZ POLICE HC ROT CRI 2010-069-223  7 May 2010

[1]      This is a bail appeal.   The Crown does not oppose the sensible proposals which have been arranged by the accused’s counsel.  I have an affidavit from Tracy Lee Livingstone, who is the accused’s mother, who lives in Wairakei and who is prepared to keep an eye on her son.   I also have an affidavit from the accused’s cousin, Chantelle Shelford, to whose address it is proposed to bail the accused.

[2]      There  being  no  opposition,  I  release  the  accused  on  bail  subject  to  the following conditions:

a)        He is to reside at 13 Raukawa Crescent, Wairakei, being the home of

Chantelle Shelford.

b)He is to observe an 8pm to 7am curfew at that address and is to present himself to the door for curfew checks.

c)       During the period of his bail he is not to consume any alcohol or any illegal drugs nor is he to go on to any licensed premises with the exception of supermarkets.

[3]      These bail conditions can be modified in the event of the accused regaining his forestry employment and a need arising for some alteration to the curfew hours.

[4]      The accused is remanded to the nominal callover in this Court, 10 June 2010, or such other District Court callover of which he is advised.

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Priestley J