New Zealand Police v Samsudeen [2021] NZDC 14309

Published 13 September 2021

Bail — variation of bail — suppression orders — offending in custody. The defendant applied for a variation to his bail conditions. He was charged with two offences that were alleged to have been committed while the defendant had been in custody more than a year before. Since the alleged offending, the High Court had sentenced the defendant to 12 months' supervision for different offences. There were no firm dates as to when the defendant would stand trial for the alleged offending. Upon receiving the matter for hearing two days earlier, the Court had imposed bail conditions including that the police be able to monitor the defendant. The Court also imposed conditions that the defendant not possess or use any device capable of accessing the internet; and that he disclose to the police all of his social media accounts and allow police to access them, so they could check if he was abiding by his bail conditions. At hearing the defendant argued that the conditions that the Court had imposed were setting him up to fail, and would interfere with the High Court-imposed supervision and jeopardise his chances of rehabilitation. The Court chose to alter the bail conditions to remove the police ability to directly intervene in monitoring the defendant's online activities. This bail condition would be reconsidered at the defendant's next scheduled court hearing, in some three months' time. The defendant's progress on his sentence of supervision, and whether any further safeguards were required, would also be reviewed at the next hearing. Judgment Date: 16 July 2021