7 Nov 2018
TERATA v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2018] NZHC 2887
- Citation
- [2018] NZHC 2887
- Court
- High Court
Because the applicant was in legal custody serving a sentence when the events giving rise to the second sentence occurred, Parole Act s91 excludes that period from being treated as pre-sentence detention for credit; the second sentence was lawfully ordered cumulative to commence on expiry of the first and detention is authorized by a valid judicial warrant, so habeas corpus is declined.