BOULT v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 2900
The applicant is lawfully detained pursuant to an order remanding him in custody under s 168(4) Criminal Procedure Act 2011, therefore habeas corpus relief is not available and the application is dismissed.
Source-derived case information.
- Citation
- [2017] NZHC 2900
- Parties
- Applicant: Kyle Graeme Boult; Respondent: Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 November 2017
- Procedural Posture
- Habeas Corpus / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Remand, Bail, Detention, Summary Offences Act 1981, Criminal Procedure Act 2011
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kyle Graeme Boult
Applicant
Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Habeas Corpus / Judgment
Legal Issues
- 1 Lawfulness of detention
- 2 Whether habeas corpus is an appropriate remedy
- 3 Eligibility to apply for bail in District Court
Ratio Decidendi
The applicant is lawfully detained pursuant to an order remanding him in custody under s 168(4) Criminal Procedure Act 2011, therefore habeas corpus relief is not available and the application is dismissed.
Court Disposition
Application dismissed
Orders
- Application for habeas corpus dismissed
Full Case Text
Judgment text and source record
1 paragraphs
BOULT v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 2900 [23 November 2017]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2017-485-000977CIV-2017-404-002768[2017] NZHC 2900BETWEEN KYLE GRAEME BOULTApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: 23 November 2017Counsel: Applicant in personM J McKillop for RespondentJudgment: 23 November 2017JUDGMENT OF COLLINS J[1] Mr Boult brings an application for habeas corpus under the Habeas Corpus Act 2001. He has done so on the basis of advice that is plainly wrong. Mr Boult is currently in custody as a remand prisoner, having been charged with assaulting a prison officer. That charge was brought under s 10 of the Summary Offences Act 1981.[2] The charge against Mr Boult is to be called in the Whanganui District Court on 28 November 2017. Mr Boult is entitled to apply for bail when his case is called in the District Court on 28 November 2017.[3] The information before me demonstrates that Mr Boult is lawfully detained in prison by an order remanding him in custody under s 168(4) of the Criminal Procedure Act 2011. Therefore, the application under the Habeas Corpus Act has to be dismissed.___________________D B Collins JSolicitors:Crown Law Office, Wellington for Respondent