THE QUEENvS

[2007] NZHC 97

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-092-10484

THE QUEEN

v

S

Hearing:         2 March 2007

Appearances: D Burns for Crown

S Tait for Mr Scheck

Judgment:      2 March 2007

(ORAL) JUDGMENT OF ANDREWS J [on breach of bail conditions]

Solicitors:

Crown Solicitor, Auckland fax [phone]

Counsel:

S Tait, Manukau City, Auckland fax [phone]

R V  S HC AK CRI 2006-092-10484  2 March 2007

[1]       S   appeared before the Court on a breach of bail.  He has been bailed with a residential condition at 27  Lappington Road, Otara with a  curfew to be observed at that address between the hours of 7pm and 7am and other terms, including that he not consume alcohol.

[2]      At 8.49pm on 1 March 2007 he was found on Hunua Road, Hunua obviously not at his curfew address and further, he was found to be consuming alcohol.  He is therefore in breach of at least three terms of his bail conditions.

[3]      Mr S   has pleaded guilty to a charge of being accessory after the fact of murder and I am advised that he is now a witness for the Crown.  He has given oral evidence at depositions and is expected to be giving evidence at trial.  He is to be sentenced on his charge on 13 March 2007.

[4]      Mr  S   had no explanation at all, let alone a reasonable explanation, for his having breached the terms of his bail.

[5]      However, notwithstanding the breaches, in light of the sentencing within two weeks and possible interference with Mr S   should he be remanded in custody, the Crown does not oppose bail.

[6]      Accordingly, Mr S   you will be released again on bail on the following conditions:

a)        You  are  to  live  at  27  Lappington  Road,  Otara  and  only  at  27

Lappington Road.

b)You are curfewed there between the hours of 7pm (at night) until 6am (in the morning).  That is a variation from your current curfew time to allow you time to travel to your work which begins at 7am.

[7]      You are to understand that you are not to consume alcohol, that is a term of your bail, and if you are found consuming alcohol that is a breach of your bail.

[8]      There will be a record that you have breached your bail and should you breach it again before your sentencing you will be brought before the Court again and you may well be remanded in custody.   You are to understand that you must comply with your terms of bail.   You must understand what your obligations are, what you have to do and you must do that.   I hope you understand that, do you understand.  Thank you.

[9]      You may stand down.

Andrews  J