New Zealand Case Law: Decisions & Judgments

Topic

Pre-sentence detention calculation

Legal area

Court

28 Sept 2018

TIHEMA v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2018] NZHC 2554

Citation

[2018] NZHC 2554
Court

High Court

The court held the three and a half months the applicant spent in custody awaiting re‑sentencing after breaching home detention should be credited for purposes of calculating statutory release; Corrections failed to show detention lawful because it excluded that remand period from the release calculation, and accordingly a writ of habeas corpus must issue ordering immediate release.
11 Dec 2017

ROMANOV v THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2017] NZHC 3060

Citation

[2017] NZHC 3060
Court

High Court

The application for a writ of habeas corpus is dismissed because the applicant is serving a lawful sentence; the calculation dispute about pre-sentence detention should be pursued by appeal under s92(4) of the Sentencing Act 2002; habeas corpus is not an appropriate vehicle to obtain immediate parole or a parole hearing.
17 Nov 2016

MITCHELL v R [2016] NZHC 2718

Citation

[2016] NZHC 2718
Court

High Court

The habeas corpus application is dismissed because the applicant's detention was lawful as at the date of the application: valid remand warrants existed and the District Court had declined bail; habeas corpus is not the correct mechanism to challenge the most recent bail decision given s 14(2)(b) of the Habeas Corpus Act, and the appropriate remedies are an appeal against the bail refusal or a fresh bail application (both available to the applicant).

New Zealand Case Law

TIHEMA v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2018] NZHC 2554

ROMANOV v THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2017] NZHC 3060

MITCHELL v R [2016] NZHC 2718