CHUNPONG V POLICE HC AK CRI 2006-019-008458 [2009] NZHC 374 (1 April 2009)

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
                                                                             CRI
2006-019-008458

                  UNDER                            the Bail Act 2000

                  IN THE MATTER OF       
         an application for grant of bail

                  BETWEEN                          CHENG CHUNPONG
                   
                               Applicant

                  AND                              POLICE
                            
                      Respondent


Hearing:          1 April 2009

Appearances: M J Dyhrberg for Applicant
             A J F Perkins
for Respondent

Judgment:         1 April 2009


                                 JUDGMENT OF COOPER J




Solicitors:
Meredith Connell,
Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland 1140
Copy to:
M J Dyhrberg, PO Box 47867, Ponsonby, Auckland 1144




CHUNPONG V POLICE HC AK CRI 2006-019-008458 1 April 2009

[1]    This morning Cheng Chunpong pleaded guilty to counts 34, 35
and 36 in the
indictment and he was convicted and remanded for sentence on 26 May 2009.


[2]    Ms Dyhrberg has made an application
for bail pending the sentencing. As
part of that application she sought that the pre-sentence report that was to be
prepared deal
also with the possibility of home detention.


[3]    In support of the application for bail she emphasised that Cheng Chunpong
was
at the lower level of the hierarchy of those involved in what was obviously a
very substantial criminal activity involving the supply
and manufacture of
methamphetamine.      The offender had been granted bail in the District Court,
although initially remanded in
custody, once it was appreciated that he was not one
of the principal offenders. Ms Dyhrberg stresses the desirability of a remand
on bail
so that proper preparations may be made for the sentencing.


[4]    For the Crown, Mr Perkins, opposes bail, emphasising
the seriousness of the
offending. For that purpose he has referred me to a draft summary of facts in which
the offender's role is
described as having been the collection of cash and delivery of
methamphetamine on behalf of the co-accused Zhou Ri Tong. There is
reference in
the summary to police having recorded at least 273 conversations involving the
offender speaking with Zhou or answering
his telephone for him.


[5]    Two of the charges to which guilty pleas have been entered allege possession
of methamphetamine in
unspecified amounts for the purposes of supply. The third
count alleges the possession of seven ounces of methamphetamine for supply
and it
does seem that there must be a strong likelihood that a sentence of imprisonment will
be the result of the sentencing process.


[6]    Being of that view, I do not think I should accede to the application for bail
pending sentencing and the application is
declined.


[7]    You are now remanded in custody for your sentencing on 26 May 2009 at
2.15 p.m.

[8]    Whatever I have said
today, of course, will not affect the discretion of the
sentencing Judge which will remain fully intact.