13 Dec 2016
SHORTCLIFFE v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 597 [13 December 2016]
- Citation
- [2016] NZCA 597
- Court
- Court of Appeal
The Judge's finding of a pervasive pattern of serious violent offending was unjustified because there was no factual material before the Court to show the historic violent convictions were sufficiently serious; a single day's related offences cannot amount to a pervasive pattern; because the statutory threshold in s 107I(2)(a) and s 107IAA was not met the ESO could not be imposed and the appeal must be allowed.