8 May 2015
HELSBY-KNIGHT v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2015] NZHC 977
- Citation
- [2015] NZHC 977
- Court
- High Court
Habeas corpus was declined because a valid warrant of commitment issued after the sentencing hearing requires custody and Parole Act 2002 s76(1) fixes the start date as the date of imposition, preventing backdating to achieve immediate release; for sentences over two years release during the term is a matter for the Parole Board, but the Court granted leave to appeal and bail pending that appeal.