New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pervasive pattern threshold

Legal area

Court

7 Apr 2022

DYLAN EDWARD COLEMAN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2022] NZSC 41

Citation

[2022] NZSC 41
Court

Supreme Court

Leave to appeal was dismissed because the Supreme Court found no error in the Court of Appeal's application of the settled 'pervasive pattern' test, no matter of public or general importance and no real risk of miscarriage of justice; the Court of Appeal was plainly correct to impose a five year ESO given the assessed ongoing risk.
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.