Police v Josh [2016] NZDC 12059 (29 June 2016)

Last Updated: 1 February 2017

EDITORIAL NOTE: NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED.

IN THE DISTRICT COURT AT CHRISTCHURCH

CRI-2016-009-005864 [2016] NZDC 12059

NEW ZEALAND POLICE

Prosecutor

v

VIJAY JOSH

_Defendant

Hearing:	29 June 2016
Appearances:	Sergeant K Pomfrett for the Prosecutor K May for the Defendant
Judgment:	29 June 2016

_{NOTES OF JUDGE T J GILBERT ON BAIL APPLICATION}

[1] Mr Josh is before the Court charged under the Harmful Digital Communications Act in relation to an anonymous post he put on a Facebook site. He said that he would “beat his baby mama into the ground”, this is amongst other things, because she has been keeping him from her son for ages and that if he “would not go to jail he would make the fat bitch (inaudible 12:11:00) American’s history style” and then he goes on to say, “If you are reading this you bitch, let me see him before you go for a boot ride to the Waimak.”

[2] I have got a victim impact statement which indicates understandable concern from the complainant in this matter. I raised some concerns about this. The police

_{have assured me through the sergeant in Court that the local police officer in}

NEW ZEALAND POLICE v VIJAY JOSH [2016] NZDC 12059 [29 June 2016]

[location deleted] dealing with this is a community constable with a good handle on things and he supports readmission to bail.

[3] I have by a slim margin granted bail today on the basis that there is an address available to Mr Josh in [suburb deleted]. That is some very considerable distance from [location deleted]. That will be on the condition that he lives at [address deleted] which is his aunty’s address. He is not to contact directly or indirectly in any fashion whatsoever, the named complainant unless in the Family Court, and he is not to travel north of the Waimakariri River.

[4] I am satisfied given the lack of violence in Mr Josh’s history along with the requirements contained in s 8 Bail Act 2000 that apply to him, that these terms of bail will contain any risk. I have also borne in mind the seriousness of the charge which has been laid. There is a maximum penalty associated with that of only two years’ imprisonment and the likely time before this matter would come to trial in the event that a not guilty plea would be entered.

[5] So in the circumstances you will be granted bail - do not breach it - because as you can, tell this is by a fine margin. Do you understand? [Yes Sir. (Inaudible

12:12:48).] All right we will see you back here on 13 July.

T J Gilbert

District Court Judge