SMITH v NEW ZEALAND POLICE [2018] NZHC 898

SMITH v NEW ZEALAND POLICE [2018] NZHC 898

By consent, the Court supplemented Mr Smith's special conditions of home detention to (1) prohibit access to the internet or possession of internet-capable devices without the prior written approval of a probation officer and (2) require production of electronic devices for inspection on request by a probation...

Source-derived case information.

Citation
[2018] NZHC 898
Parties
Appellant: Elias Valentin Smith; Respondent: New Zealand Police
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 May 2018
Procedural Posture
Appeal (criminal Sentencing/home Detention) / Supplementary Judgment (consent)
Outcome
Supplemental conditions of home detention imposed by consent
Legal Topics
Home Detention Conditions, Internet Access Prohibition, Electronic Device Inspection, Probation Supervision
Criminal Sentencing Corrections Probation Home Detention Conditions Internet Access Prohibition Electronic Device Inspection Probation Supervision

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Parties

Elias Valentin Smith

Appellant

New Zealand Police

Respondent

Procedural Posture

Appeal (criminal Sentencing/home Detention) / Supplementary Judgment (consent)

Legal Issues

  1. 1 Whether the special conditions of home detention should include a prohibition on internet access and provision for inspection of electronic devices
  2. 2 Whether such conditions were properly imposed by consent

Ratio Decidendi

By consent, the Court supplemented Mr Smith's special conditions of home detention to (1) prohibit access to the internet or possession of internet-capable devices without the prior written approval of a probation officer and (2) require production of electronic devices for inspection on request by a probation officer or their agent.

Court Disposition

Supplemental conditions of home detention imposed by consent

Orders

  • Mr Smith is not to access the internet or possess internet-capable devices without the prior written approval of a probation officer.
  • If requested by a probation officer and/or their agent, Mr Smith must make available any electronic device(s) in his possession or control for the purposes of assessing compliance with the internet restriction.