16 Jan 2018
ARMSTRONG (on Behalf of the Department of Corrections) v NICHOLAS [2018] NZHC 5
- Citation
- [2018] NZHC 5
- Court
- High Court
The court has jurisdiction under s94 to impose additional release conditions post-sentencing. Given the respondent's high assessed risk of re-offending, history of breaches, and specific fascination with 666 Great South Road, imposing special conditions including residence at an approved rehabilitative facility and an exclusion zone was necessary and proportionate. GPS monitoring was not necessary to enforce a curfew but was justified and proportionate if narrowly limited to monitoring compliance with the imposed exclusion zone (condition 12). Conditions must expire on the sentence expiry dat…