T v Police HC Wellington CRI 2009-483-31

[2009] NZHC 1168

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2009-483-31

T

v

NEW ZEALAND POLICE

Hearing:         3 September 2009

Counsel:         D Goodlet for Accused

J Woodcock for Crown

Judgment:      3 September 2009

JUDGMENT OF SIMON FRANCE J (Bail appeal)

[1]      Mr T   appeals the refusal of bail.  The substantive charges he faces are minor – possession of two methamphetamine pipes, and two tinnies of cannabis for personal use.  Usually there would be no issue as to bail.  But Mr T   is one of those people who tends to ignore the conditions of bail or of sentences.

[2]      Presently he faces three charges of breach of release conditions imposed by the Parole Board on his release from jail in January.   On each occasion it is an allegation of failing to report to a probation officer.   There is also at the moment

charge of breach of bail, this time being a failure to attend at Court.

T V NEW ZEALAND POLICE HC WN CRI 2009-483-31 3 September 2009

[3]      Ms Goodlet advanced the appeal fairly, but it is not an easy task.   Since

15 April this year, in addition to the breach of parole conditions, Mr T   has on three occasions failed to answer his bail.  On each occasion a warrant has been issued and an arrest required.  Further, on one bail occasion the only real condition was to go to Community Probation at a certain nominated time.  He did not do that either.

[4]      As noted these bail breaches arise in the context of a person being given bail on charges of breaching his conditions of parole.

[5]      It is ridiculous that things have come to this point, but three times having been given bail Mr T   has failed to turn up, and has necessitated resources to track him down and arrest him.  To grant him bail again would be to undermine the integrity of the system and I decline to do that.

[6]      The appeal is refused.  The way forward is to make sure these current charges are pleaded to, and then processed as soon as possible.   From a factual viewpoint

they are very simple charges.

Simon France J

Solicitors:

D Goodlet, Barrister, PO Box 875, Wanganui, fax: [phone]

J Woodcock, Barrister, PO Box 441, Wanganui, fax: [phone]