14 Dec 2017
THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CHISNALL [2017] NZHC 3120
- Citation
- [2017] NZHC 3120
- Court
- High Court
The Court found the s7 threshold was met, respondent was not eligible for detention under the Intellectual Disability Act or Mental Health Act, the four characteristics in s13(2) were each established by evidence to a high level, and on the balance of probabilities there is a very high risk of imminent serious sexual offending if the respondent is left unsupervised; given the enduring nature and magnitude of the risk and limits of less intrusive ESO measures (notably the temporariness of intensive monitoring), the discretion under s13(1) was properly exercised to make a Public Protection Orde…