BRANDON v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2015] NZHC 1586 [8 July 2015]
The charges to which the applicant pleaded guilty were part of the proceedings commenced by the holding charges on 4 April 2012, therefore pre-sentence detention is to be credited from that date and the applicant's sentence ended on 4 June 2015; the court will declare that fact and give the Department an opportunity...
Source-derived case information.
- Citation
- BRANDON v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2015] NZHC 1586 [8 July 2015]
- Parties
- Applicant: Bretton De Bath Brandon; Respondent: The Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 July 2015
- Procedural Posture
- Habeas Corpus Application / Interim Judgment
- Outcome
- Declaration granted that pre-sentence detention commenced on 4 April 2012 in relation to the seven charges and that the applicant's sentence ended on 4 June 2015; conditional writ of habeas corpus reserved.
- Legal Topics
- Calculation of Pre Sentence Detention, Continuity of Proceedings, Release Date Correction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bretton De Bath Brandon
Applicant
The Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Habeas Corpus Application / Interim Judgment
Legal Issues
- 1 Whether the seven charges to which the applicant pleaded guilty were part of the proceedings commenced by the holding charges laid on 4 April 2012
- 2 Whether the Department of Corrections miscalculated the applicant's release date and thus the applicant was being unlawfully detained
Ratio Decidendi
The charges to which the applicant pleaded guilty were part of the proceedings commenced by the holding charges on 4 April 2012, therefore pre-sentence detention is to be credited from that date and the applicant's sentence ended on 4 June 2015; the court will declare that fact and give the Department an opportunity to release the applicant immediately or face a writ of habeas corpus.
Court Disposition
Declaration granted that pre-sentence detention commenced on 4 April 2012 in relation to the seven charges and that the applicant's sentence ended on 4 June 2015; conditional writ of habeas corpus reserved.
Orders
- Declaration that pre-sentence detention commenced on 4 April 2012 for the seven charges sentenced on 12 August 2014
- Department of Corrections to correct records and release the applicant immediately so that detention ceases as of 4 June 2015
Full Case Text
Judgment text and source record
1 paragraphs
BRANDON v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2015] NZHC 1586 [8 July 2015]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2015-485-000506[2015] NZHC 1586BETWEEN BRETTON DE BATH BRANDONApplicantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: 7 July 2015Counsel: D A Ewen for ApplicantA M Powell and M J McKillop for RespondentJudgment: 8 July 2015INTERIM JUDGMENT OF COLLINS J[1] On Thursday 2 July 2015, Mr Brandon filed an application for a writ of habeas corpus. I heard his application on Tuesday 7 July 2015.[2] Mr Brandon was arrested on two "holding" charges on 4 April 2012. He has been in custody since that date.[3] After 4 April 2012, further charges were laid as part of an ongoing investigation into allegations that Mr Brandon was engaged in a conspiracy to supply, and had supplied, methamphetamine. In addition, charges were withdrawn as the police analysis of a large volume of evidence evolved.[4] Ultimately, on 12 August 2014 Mr Brandon pleaded guilty to seven charges in an amended indictment. He was sentenced on that date to three years and twomonths' imprisonment in relation to the seven charges. Those sentences were concurrent.[5] Mr Ewen, counsel for Mr Brandon, has calculated that if the pre-sentence detention served by Mr Brandon is calculated from 4 April 2012, then his sentence came to an end on 4 June 2015.[6] Initially, the Department for Corrections (the Department) calculated Mr Brandon's sentence would not end until 8 August 2016. The Department now appreciates there are errors in its information. Taking those errors into account, the Department now says Mr Brandon's sentence ends on 19 December 2015.[7] The key issue is whether the charges Mr Brandon pleaded guilty to and was sentenced in respect of were part of the proceedings that were initiated when the"holding" charges of 4 April 2012 were laid.[8] For reasons which I will explain in my substantive judgment, I am satisfied the charges which Mr Brandon was sentenced for are part of the proceedingscommenced on 4 April 2012. It therefore follows that the Department's informationconcerning the correct release date for Mr Brandon is wrong.[9] Rather than issue a writ of habeas corpus at this juncture, I will provide the Department with an opportunity to correct its records and ensure Mr Brandon is released from custody immediately.[10] I issue a declaration that the pre-sentence detention commenced on 4 April 2012 in relation to all seven charges which Mr Brandon was sentenced for on 12 August 2014.[11] The effect of this declaration is that Mr Brandon's sentence came to an endon 4 June 2015.[12] If the Department does not correct its records and release Mr Brandon by 4.00 pm on 8 July 2015, I shall issue a writ of habeas corpus.________________________D B Collins JSolicitors:Ord Legal, Wellington for ApplicantCrown Law Office, Wellington for Respondent