CHAMBERLAIN V THE MANAGER OF CHRISTCHURCH MEN'S PRISON HC CHCH CIV-2012-409-001097
On the information available the remand time constituted pre-sentence detention for the purposes of s 91(1)(b) of the Parole Act 2002, such that the six month sentence was, on the material before the court, already served and the applicant was being unlawfully detained; the court ordered immediate release unless...
Source-derived case information.
- Citation
- openlaw-6337473d_7110_49c5_adf1_f37c2c5c7190.pdf
- Parties
- Applicant: Alistair Geoffrey Chamberlain; Respondent: The Manager of Christchurch Men's Prison
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 May 2012
- Procedural Posture
- Habeas Corpus Application / Interim Decision Following Telephone Conference and Conditional Release Order
- Outcome
- Conditional order for immediate release granted on available information; release to take effect unless respondent produces contrary information by 5 p.m. on 31 May 2012
- Legal Topics
- Pre Sentence Detention, Sentence Computation, Remand Custody, Obtaining by Deception, Immediate Release
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alistair Geoffrey Chamberlain
Applicant
The Manager of Christchurch Men's Prison
Respondent
Procedural Posture
Habeas Corpus Application / Interim Decision Following Telephone Conference and Conditional Release Order
Legal Issues
- 1 Whether time spent in custody on an earlier remand (theft) counts as pre-sentence detention under s 91(1)(b) of the Parole Act 2002
- 2 Whether substituted charges (obtaining by deception) affect the computation of sentence and remand credit
- 3 Whether the applicant is unlawfully detained and entitled to immediate release by habeas corpus
Ratio Decidendi
On the information available the remand time constituted pre-sentence detention for the purposes of s 91(1)(b) of the Parole Act 2002, such that the six month sentence was, on the material before the court, already served and the applicant was being unlawfully detained; the court ordered immediate release unless contrary information was produced by a set time.
Court Disposition
Conditional order for immediate release granted on available information; release to take effect unless respondent produces contrary information by 5 p.m. on 31 May 2012
Orders
- Applicant to be immediately released from Christchurch Men's Prison unless respondent produces information to the contrary by 5 p.m. on 31 May 2012.
- Leave reserved to either party to seek a further telephone conference.
Full Case Text
Judgment text and source record
1 paragraphs
CHAMBERLAIN V THE MANAGER OF CHRISTCHURCH MEN'S PRISON HC CHCH CIV-2012-409- 001097 [31 May 2012]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2012-409-001097[2012] NZHC 1207BETWEEN ALISTAIR GEOFFREY CHAMBERLAINApplicantAND THE MANAGER OF CHRISTCHURCHMEN'S PRISONDefendantHearing: 31 May 2012 by way of Telephone ConferenceAppearances: A Bailey for ApplicantA Powell for RespondentJudgment: 31 May 2012JUDGMENT OF CHISHOLM J[1] The applicant seeks an order under the Habeas Corpus Act 2001 ordering hisimmediate release from the Christchurch Men's Prison.[2] On 29 May 2012 he was sentenced to six months imprisonment on a total of seven charges, including four charges of obtaining by deception. He contends that the four charges of obtaining by deception replaced an earlier charge of theft in respect of which he had been remanded in custody from 13 February 2012.[3] According to the applicant the time spent in custody on the theft charge must be counted as pre-sentence detention pursuant to s 91(1)(b) of the Parole Act 2002:Maile v Manager Correction Facility.1 On that basis he contends that his sentence has been served, he is being unlawfully detained, and he should be immediately released.1 Maile v Manager Correction Facility [2012] NZAR 39[4] At this stage Mr Powell has not completed his enquiries. However, heacknowledges that the application appears to have merit. To enable enquiries to becompleted, the order that I now make will not come into effect until 5 p.m. today.[5] On the information currently available I am satisfied that the applicant is being unlawfully detained. Unless the respondent produces information to the contrary by 5 p.m. today, the applicant is to be immediately released from prison.[6] Leave is reserved to either party to seek a further telephone conference.Solicitors:Andrew Bailey, P O Box 26127, North Avon, Christchurch 8148, andybailey@gmail.comCrown Law, Wellington, austin.powell@crownlaw.govt.nz