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Police v PM CRI-2007-263-208 Tauranga Geoghegan J

Name: Police v PM
Unreported
File number: CRI-2007-263-208
Court: Youth Court
Location: Tauranga
Date: 4 September 2007
Judge: Geoghegan J
Charge: Wounding with intent to cause GBH
CYPFA: s238(1) (d)
Key title: Bail

Case Summary:
PM appeared on a total of nine charges, four regarding incidents in July and August 2007 and five from an alleged assault on 1 September 2007. It was alleged that PM and three others assaulted the complainants outside their Rotorua home. The younger complainant received a four centimetre gash to his scalp and his father was admitted to hospital with a depressed fracture to his skull.
The alleged assault was unprovoked, and arising from that incident P faces two charges of wounding with intent to cause GBH (purely indictable), and one charge of being found without reasonable excuse in an enclosed yard, and one charge of threatening to kill a police constable, and one charge of escaping from custody.
The police notice of opposition to bail referred to a witness who identified P as being involved in the assault.
In respect of two of the earlier charges P was bailed and then appeared again in the YC in respect of two new charges, possession of cannabis and unlawful taking of a motor vehicle.
P already had a recorded breach of bail conditions, including a breach of a non-association clause, a breach of a condition not to consume alcohol and a breach of a 24 hour curfew.

Decision: Declining bail
Recent history would suggest that PM will not only breach his bail conditions, but would also continue to offend while on bail.
Bail declined and PM was remanded under s238(1)(d) to 18 September so a date could be set for depositions.