W v R HC Auckland CRI 2008-090-2929

[2009] NZHC 1700

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-090-002929

W

Applicant

v

THE QUEEN

Respondent

Hearing:         28 April 2009

Appearances: A Rice for Applicant

K A Lummis for Respondent

Judgment:      28 April 2009

(ORAL) JUDGMENT OF ANDREWS J [Bail]

Counsel:            Andrew Rice, PO Box 105 495, Auckland

Solicitor:            Meredith Connell, PO Box 2213, Auckland 1140

W V R HC AK CRI 2008-090-002929  28 April 2009

[1]      Ms W   is presently remanded in custody for sentencing have pleaded guilty on 22 April 2009 to one count of aggravated robbery.

[2]     On 26 April 2009 Ms W  ’ grandmother, Mrs Rutledge, died in Christchurch Hospital.   Her funeral is to be held on Thursday 30 April at 2pm in Christchurch.  Ms W   has applied for bail to enable her to attend the funeral.

[3]      Inquiries have been made of Auckland Womens’ Prison where Ms W   is on remand as to the possibility of arrangements being made through the Prison for Ms W   to attend.  That would, however, result in a great deal of expense as it would require Ms W   to pay, not only her own airfare but eight other airfares to provide for her escorts’ travel to and from Christchurch.  I accept that that is not a realistic possibility.

[4]      On behalf of the Crown Ms Lummis does not consent to the application for bail but notes that the Crown has compassion for Ms W  ’ position.

[5]      I am satisfied that it is appropriate that bail be granted.  In this respect I note that Ms W   has no previous convictions and has complied with terms of bail to date.

[6]      However, the grant of bail to attend the funeral is to be from an appropriate time on Thursday, presumably Thursday morning, to enable Ms W   to travel to Christchurch that day, until the morning of Friday 1 May 2009, when she is to return from Christchurch.

[7]      Mr Rice is to provide the Crown with a memorandum setting out details as to:

a)        the flights ;

b)the person who is to collect Ms W   from Auckland Womens’ Prison on Thursday, and take her to the airport;

c)        the person who is to collect her in Christchurch;

d)       the address where she will be staying in Christchurch;

e)        the person who will collect Ms W   from Auckland Airport on

Friday 1 May and deliver her back to Auckland Womens’ Prison.

[8]      If the Crown has any concerns as to the details set out then a further hearing can be arranged on an urgent basis.  However, if that does not occur then bail will be

granted on the terms set out in the memorandum.

Andrews  J