18 Dec 2018
P (CA388/2018) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2018] NZCA 599
- Citation
- [2018] NZCA 599
- Court
- Court of Appeal
The Court concluded the High Court judge made material errors (a factual error about the parole breach location and application of an unduly high 'complete understanding' threshold) and misweighed expert evidence; experts agreed appellant had genuine understanding of the impact of his offending and the disputed issue about contact with his former partner was remote from reoffending risk and was authorised in context, therefore the statutory precondition in s107IAA(1)(d)(ii) was not established and the ESO could not be imposed.