27 May 2022
CADLE v DEPARTMENT OF CORRECTIONS [2022] NZHC 1222
- Citation
- [2022] NZHC 1222
- Court
- High Court
The Court held that s 103(2)(d) should be read narrowly in line with Governor v Police so that an offender who is not being sentenced for a s 103(2)(d) qualifying offence and is not disqualified for such an offence at sentencing may apply under s 94; the appellant was entitled to seek substitution and the s 94 application was granted, substituting removal of the disqualification with 18 months' intensive supervision.