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).