20 Feb 2020
C v R [2020] NZHC 225
- Citation
- [2020] NZHC 225
- Court
- High Court
Section 27 does not implicitly dismiss charges when a defendant is released under s25; absent a court stay under s27 the original proceedings remain alive and mirrored replacement charges may be laid, and periods of remand detention served under the initial proceedings are pre-sentence detention under s91 Parole Act 2002 and therefore count as time served for sentencing purposes; conviction appeal dismissed, sentence appeal allowed and remitted for resentencing with remand time treated as time served.