FAAMAU v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 2021
The documentary record (guilty pleas, warrants of commitment signed by a judge and the Parole Board decision) established that the applicant is lawfully detained, so habeas corpus relief was not available and the application was dismissed; release will occur only on the statutory release date or if the Parole Board...
Source-derived case information.
- Citation
- [2020] NZHC 2021
- Parties
- Applicant: APOLOSO FAAMAU; Respondent: CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 August 2020
- Procedural Posture
- Habeas Corpus Application Under Habeas Corpus Act 2001 / Judgment (hearing 10 August 2020)
- Outcome
- Application for a writ of habeas corpus dismissed; applicant lawfully detained.
- Legal Topics
- Lawful Detention, Statutory Release Date, Parole, Warrant of Commitment, Sentence Validity
Source-derived case record
Summary, issues, holding and outcome
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Parties
APOLOSO FAAMAU
Applicant
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
Respondent
Procedural Posture
Habeas Corpus Application Under Habeas Corpus Act 2001 / Judgment (hearing 10 August 2020)
Legal Issues
- 1 Whether the applicant is lawfully detained
- 2 Whether the applicant's claim that judges cancelled his sentence is substantiated
- 3 Whether warrants of commitment establish lawful detention
Ratio Decidendi
The documentary record (guilty pleas, warrants of commitment signed by a judge and the Parole Board decision) established that the applicant is lawfully detained, so habeas corpus relief was not available and the application was dismissed; release will occur only on the statutory release date or if the Parole Board orders earlier release.
Court Disposition
Application for a writ of habeas corpus dismissed; applicant lawfully detained.
Orders
- Writ of habeas corpus dismissed.
- Applicant will be released on statutory release date of 15 January 2025 unless earlier released by the Parole Board.
Full Case Text
Judgment text and source record
1 paragraphs
FAAMAU v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 2021 [10August 2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2020-404-1313[2020] NZHC 2021UNDER the Habeas Corpus Act 2001IN THE MATTER of an application for a writ of habeas corpusBETWEEN APOLOSO FAAMAUApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: 10 August 2020Appearances: Applicant in person (via AVL)D B Dow for RespondentJudgment: 10 August 2020JUDGMENT OF BREWER JSolicitors:Meredith Connell (Auckland) for Respondent[1] Mr Faamau has applied for a writ of habeas corpus. Mr Faamau says he hasbeen wrongfully imprisoned since 2014. He says that in 2014 three Judges talked tohim and said the sentence of imprisonment is cancelled.[2] The Crown must show that Mr Faamau is lawfully in prison. Mr Dow for theCrown has advised that Mr Faamau entered pleas of guilty to nine charges of sexualoffending on 24 October 2013. Mr Dow has provided the Court with copies of thetwo warrants of commitment. These warrants are signed by a District Court Judge.They are dated 6 June 2014. They record that Mr Faamau was sentenced on 6 June2014 to terms of imprisonment of 12 years and two years respectively.[3] Mr Faamau told me, in broad terms, that he did not really understand what washappening. However, he remembers the Judge reading a verdict and sentencing himto 12 years' imprisonment with a minimum period of imprisonment of six years.Mr Faamau told me that he has had his first parole hearing but has not been released.He has been in prison for eight years and he told me he has not been released accordingto the Judge's decision.[4] I record that Mr Faamau speaks Samoan and has been assisted before me byan interpreter.[5] Mr Faamau would not tell me about pleading guilty to the charges butrepeatedly said that "God knows all".[6] The Crown has shown me a decision of the Parole Board from a hearing heldon 20 February 2019. The decision says that Mr Faamau's statutory release date is15 January 2025. The next appearance before the Parole Board for Mr Faamau is19 August 2020.[7] On the information before me my decision must be, and it is, that Mr Faamauis lawfully detained. That means that Mr Faamau will be released on his statutoryrelease date unless he can persuade the Parole Board to release him earlier.[8] The application for a writ of habeas corpus is dismissed.________________________________Brewer J