Skipper v Police HC Christchurch CRI-2007-409-000181

[2007] NZHC 2100

NOT TO BE PUBLISHED UNTIL FINAL DISPOSITION OF TRIAL

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2007-409-000181

CRI-2007-409-000182

FLOYD KINGI SKIPPER

Appellant

v

POLICE

Respondent

Hearing:         6 September 2007

Appearances: S Bailey for Appellant

Z Johnston for Respondent

Judgment:      6 September 2007

ORAL JUDGMENT OF HON. JUSTICE JOHN HANSEN

The appeal is dismissed.

REASONS

[1]      Floyd Kingi Skipper appeals against the refusal of Judge Strettell to grant him bail on 20 August last.

[2]      Mr Kingi has been before the Courts in 2007 in relation to a number of matters.           Firstly, it is alleged that on 1 January he assaulted a female and also

SKIPPER V POLICE HC CHCH CRI-2007-409-000181  6 September 2007

committed intentional damage.   He is for trial on those matters next week in the

District Court summary jurisdiction.

[3]      While in Court on 23 March it appears that, while intoxicated, he indecently assaulted a Deputy Registrar of the District Court by grabbing her leg under her skirt.  In relation to all three of those matters, he was bailed.

[4]      On 17 August an incident occurred at the property where he was living.  That has led to charges of assault using a knife, and of threatening to kill.  It is on those charges that the Judge declined his application for bail.

[5]      There  is  an  opening  remark  made  by the  Judge  which  would  appear  to suggest that there had been a previous application for bail.  Nothing is revealed on any of the files to suggest that there had been earlier, unsuccessful applications for bail.

[6]      It is clear in this case that s12(1)(b) of the Bail Act applies, and the onus is on the appellant to show that the District Court should have granted him bail, and that he would not on bail commit an offence involving violence or danger to the safety of other people.  Quite clearly it is alleged that he has offended in a violent manner on

17 August.   He has a very considerable record, although his counsel has properly pointed out that it is some 14 years since he was before the Court for an offence of violence.   What the record does show is that Mr Skipper is a person with a predilection to both alcohol and drugs and indeed it would appear from the offences for which he has been convicted he is likely to be a drug addict.  It certainly appears that alcohol was involved in the alleged offending on 23 March, and it would also appear that drugs or alcohol were involved in this alleged offending.

[7]      There is a letter from the victim who says she does not want the charges to go ahead and that the matter has been blown out of  all proportion.   That letter is undated, and it appears that when the matter was before Judge Strettell some similar sentiments had been expressed by her.  However it did involve a weapon and there appears, although the person has not yet been interviewed by the police, to have been an independent witness.

[8]      Ms Bailey has also stated that given his considerable record, his record of offending while on bail is not great.  It is clear from reference to that report that he has committed a number of offences while on bail in the past, including burglary, taking of motor vehicles, driving while disqualified and other matters.

[9]      This is an appeal against the exercise of a discretion.  It is necessary for the appellant to satisfy the Court that the Judge took into account irrelevant matters, failed to take into account relevant matters, or is plainly wrong.  In my view, he has not done so.  Given the fact that he has been before the Court persistently this year, on this third occasion, given the circumstances, it seems to me an application for bail was a forlorn hope.   It must always be doomed to failure, given the nature of the offending, and given the opportunities that have been given.  In my view he failed completely to satisfy the onus imposed on him by s12.

[10]     Accordingly, the appeal is dismissed.

Solicitors:

S Bailey, Christchurch

Crown Solicitor, Christchurch