E v Police HC Palmerston North CRI-2007-054-3776 [2008] NZHC 43 (4 February 2008)

Last Updated: 7 July 2015

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

_{CRI-2007-054-3776}

E

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing: 4 February 2008

Appearances: C Stevenson for Applicant

E Killeen for Crown

Judgment: 4 February 2008

_{ORAL JUDGMENT OF GENDALL J}

[1] This is a fresh bail application filed by the applicant who faces a number of drug manufacturing, possession of substances and firearms offences arising out of alleged events in July of last year. He has pleaded not guilty and elected trial. He is jointly charged with two other alleged offenders.

[2] He has a very poor criminal history having offended whilst on bail and indeed these alleged offences are said to have occurred whilst he was also on bail.

E V NEW ZEALAND POLICE HC PMN CRI-2007-054-3776 4 February 2008

[3] He was declined bail on the 31^st of August 2007 in this Court by Judge Atkins. He appealed against that decision, which appeal was heard by Simon France J and dismissed on the 20^th of September 2007.

[4] This fresh application for bail would be doomed to fail but for the Police attitude. This is not to oppose the application. That is because it is based upon the proposition that bail be electronically monitored. It seems as though Mr E , through extended family members who have come up with an address at which he can reside in Palmerston North. The Police have checked that address and they also have made an assessment of the family members there. They are content with that address, and the signal strength for monitoring any electronic devices is acceptable to the Police and monitoring feasible.

[5] The Court is always wary, however, about electronic monitoring of bail. Becuase it is just as easy to take the bracelet off, as to leave it on, if one is determined enough to flee and that is particularly the case where the stakes are high for example with serious drug dealing offences. It is also of concern to the Court that those with money can afford to have electronic bail when those who have no money cannot. Often the money comes from sources that might not always be seen to be legitimate. But those considerations do not apply to Mr E .

[6] The Police consider there is no risk that the applicant would fail to appear or interfere with witnesses. I think that those concessions are justifiably made on the information before them, provided that Mr E remains secure at the bailed address.

[7] Likewise, if he stays there, as he must, the chances of offending whilst on bail are negligible.

[8] Weighing up the discretionary factors in s 8(2) which concern the strength of the Crown case, the potential seriousness of punishment, the character of conduct of the accused, the likely time to trial, and the mandatory factors in s 8(1), I think in the end the consent of the Police to bail with electronic monitoring determines that bail is not only feasible but ought to be granted.

[9] Mr E , who is here today, I tell you that you must comply absolutely with the conditions of bail because otherwise you would be immediately arrested and remanded in custody.

[10] Bail will be granted on the standard conditions in respect of electronic monitoring of bail which are set out in the document that you will be given. You will certify that you understand and comply with them and you will sign that document.

[11] In addition you are to reside at and remain at 879 Main Street, Palmerston

North (you can sign the bail bond this afternoon Mr Stevenson) from 6 pm today, 4

February 2008. You will be subject to a curfew to remain at 879 Main Street, Palmerston North for 24 hours. That is at all times you will remain within the boundaries of those premises and be subject to the electronic monitoring system, unless otherwise permitted to depart by the Police.

[12] You are to present yourself at the door of that address if called upon to do so by the Police.

[13] You will not contact directly or indirectly any person who may bear witness in your Court proceedings, and you are not to associate or communicate directly or indirectly with your two co-accused.

[14] You are not to consume alcohol or non-prescribed drugs and if requested you are to submit to a passive breath-testing screen test by the Police or any other drug test administered by or on its behalf of the MSHA Trust Treatment Service as instigated by the Police. Costs of such screening is to be met by you.

[15] You may leave 879 Main Street, Palmerston North in order to attend each and every Court appearance but you may not leave that address at any other time other than agreed to by the Police electronic monitoring bail assessor.

[16] At the moment you are subject to a sentence of supervision so you are to attend scheduled appointments as arranged by your probation officer for the purpose

of meeting those conditions of sentence. The probation service is to confirm to the electronic monitoring bail assessor details of any appointment that you will be required to keep 48 hours before it. If you are required to attend the community probation service you shall travel directly to it and return to the address at 879 Main Street, Palmerston North directly after it.

[17] You are not to travel outside the bailed address other than in a motor vehicle being driven by either of the two extended family members there, namely Ms Hutley and Mr Harrison.

[18] At the request of Ms Killeen I make one further condition, namely that if Mr E has a passport he is required to surrender it to the Palmerston North Police and he not apply for any travel documents that might be required for travel within or outside New Zealand.

“J W Gendall J”

Solicitors: Chris Stevenson, Palmerston North for Applicant

Crown Solicitor, Palmerston North