26 May 2017
The Court was satisfied there were grounds to cancel the home detention under s80F(4)(c) of the Sentencing Act 2002 and, having considered the matter, exercised its discretion not to impose a substitute sentence of imprisonment.
12 May 2015
Period in custody between lodging of an application to cancel home detention under s80F and the court's determination does not constitute pre-sentence detention under ss90 and 91 Parole Act and therefore cannot be credited as time served for parole calculation; however, any period of remand custody that occurred prior to the original sentencing and related to the same charges does constitute pre-sentence detention and may be credited when calculating release dates for a substitute sentence of imprisonment imposed under s80F; habeas corpus relief was not granted immediately because factual pro…