New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentence enforcement

Legal area

Court

25 Mar 2020

DAVID SIMON BARTON v R [2020] NZSC 24

Citation

[2020] NZSC 24
Court

Supreme Court

Bail was refused because it was not in the interests of justice: the applicant is a sentenced prisoner with a demonstrated history of non-compliance with sentences and bail, there is a real risk he would not comply with bail conditions, and the justifications relied on (access to instructions, health, Covid-19, offers to assist or repay tax) could be managed without release or were insufficient to outweigh the risks; moreover his appeal and recall were dismissed.
9 Jan 2013

GC RANGITAAWA HC WHA CIV-2013-488-01

Citation

openlaw-c2f94a85_8771_4cc7_80e6_9547b06fea4c.pdf
Court

High Court

The application was refused because Court records established the applicant was lawfully detained following conviction and commitment and, under the Habeas Corpus Act 2001 s14(2)(a), the judge could not question a conviction of a court of competent jurisdiction; the defective form of the application did not alter that result.