5 Sept 2019
YURAK v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 2206
- Citation
- [2019] NZHC 2206
- Court
- High Court
Where an offender was sentenced to imprisonment, had that sentence converted to home detention and later re-sentenced to imprisonment for the same offending, the period spent serving the original term of imprisonment must be taken into account in calculating the total period of detention and the statutory release date; the mechanical calculation of pre-sentence detention and key dates is for the Department of Corrections under the Parole Act (ss88,90–92) and not for the re-sentencing judge, and statutes must be read purposively and consistently with s22 NZBORA to avoid arbitrary detention.