31 Aug 2021
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v R (CRI-2021-409-11) [2021] NZHC 2276
- Citation
- [2021] NZHC 2276
- Court
- High Court
The court held that a late-filed health assessor's report did not automatically bar review or confirmation of an ESO because s 379 Criminal Procedure Act saves proceedings from being invalidated for want of form absent a miscarriage of justice; the court must have a health assessor's report to undertake the review and make its s 107IAA risk determinations; on the evidence (including Mr Carlyon's report) the respondent satisfied the statutory risk criteria and posed a high risk of committing a relevant sexual offence within the remaining term of the ESO, and in the exercise of its discretion t…