6 Nov 2023
MIST v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 549
- Citation
- [2023] NZCA 549
- Court
- Court of Appeal
Although the Judge erred by not addressing each s107IAA factor with specific findings, on re-examination the Court was satisfied on the material (notably the health assessor's psychological report, historical offending, lack of treatment engagement, prison presentation and release plan) that all four statutory prerequisites were met including limited self-regulatory capacity, and that a high risk of relevant sexual offending existed; accordingly a 10-year ESO with a 12-month IMC was justified and the appeal was dismissed.