New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Drug treatment programmes

Legal area

Court

6 Oct 2016

BATES v R [2016] NZCA 485

Citation

[2016] NZCA 485
Court

Court of Appeal

Given the Court's earlier conclusion that substitution would be appropriate subject to a suitable home detention residence report, and in light of the satisfactory residence report received, the Court quashed the sentence of imprisonment and substituted a four-month term of home detention with specified conditions to manage risk and promote rehabilitation.
22 Feb 2011

DYLAN JAMES KINGI V NEW ZEALAND PAROLE BOARD HC WN CIV-2010-485-2327

Citation

openlaw-b528344f_4058_486c_b404_e3d20deb3058.pdf
Court

High Court

The High Court dismissed the judicial review because the Parole Board and the reviewing judge applied the correct 'undue risk to the community' test under the Parole Act, properly considered the applicant's history of failed treatments, breaches and non‑compliance, and reasonably concluded that release to Moana House, even with electronic monitoring, would pose an undue risk; that discretionary conclusion could not be impugned on review.