NICOLA CRUICKSHANK V NEW ZEALAND POLICE HC CHCH 2007-409-000208
The appeal was dismissed because the bail condition was subject to imminent review in five days and the police reported compliance rendering immediate appellate determination inappropriate; judicial restraint and efficient case management justify dismissal.
Source-derived case information.
- Citation
- openlaw-a4c6ac4e_477e_4c07_8a43_cd8706215674.pdf
- Parties
- Appellant: Nicola Cruickshank; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 November 2007
- Procedural Posture
- Appeal Against Bail Condition / Oral Judgment on Appeal (interlocutory)
- Outcome
- Appeal dismissed
- Legal Topics
- Bail Conditions, Curfew, Remand, Appeal Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicola Cruickshank
Appellant
New Zealand Police
Respondent
Procedural Posture
Appeal Against Bail Condition / Oral Judgment on Appeal (interlocutory)
Legal Issues
- 1 Whether a 24 hour curfew bail condition was appropriate
- 2 Whether the High Court should hear the appeal given an imminent District Court review
Ratio Decidendi
The appeal was dismissed because the bail condition was subject to imminent review in five days and the police reported compliance rendering immediate appellate determination inappropriate; judicial restraint and efficient case management justify dismissal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
NICOLA CRUICKSHANK V NEW ZEALAND POLICE HC CHCH 2007-409-000208 8 November 2007IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY 2007-409-000208 NICOLA CRUICKSHANKAppellant vNEW ZEALAND POLICERespondent Hearing: 8 November 2007 Counsel: A S Greig for Appellant R M Thomas for Respondent Judgment: 8 November 2007ORAL JUDGMENT OF PANCKHURST J[1] The appellant, on 19 October, was remanded by Judge Murfitt on bail to a defined address, 449A Bower Avenue, but subject to a 24 hour curfew. She was warned that any breaches of bail would produce a remand in custody. The Judge also said this:I am prepared to grant you bail, but it will be subject to a 24 hour curfew at this stage. Providing when you next appear on 13 November 2007 and the police are able to give a favourable report about no further offending and your compliance with that condition then the court might look at reducing the curfew condition.[2] I note that other counsel appeared before Judge Murfitt, presumably as duty solicitor. Accordingly Mr Greig, as he has acknowledged, filed the appeal againstthe 24 hour curfew condition, absent knowledge that the Judge had prefaced his decision with the paragraph which I have just read into the record. It is now only five days until the matter is capable of review in the District Court. Moreover, Ms Thomas advises that the police presently consider that Ms Cruickshank has complied with the terms of bail and that a relaxation of the curfew clause may well be appropriate. [3] In these circumstances, particularly given that only five days will elapse before the matter falls for review, I think it inappropriate to consider and resolve the appeal. In these unusual circumstances the appeal is dismissed but, of course, in the knowledge that the matter is due to be reviewed anyway._________________________________________________________________________________ Solicitors: Tony Greig Barrister, Christchurch for Appellant Raymond Donnelly & Co, Christchurch for Respondent