New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Special conditions on release

Legal area

Court

15 Apr 2019

MCALLISTER v NEW ZEALAND POLICE [2019] NZHC 828

Citation

[2019] NZHC 828
Court

High Court

Leave to bring the appeal out of time was granted because an earlier timely attempt to file was made and the Crown did not oppose; the substantive appeal was dismissed because the imposition of the special post-detention condition requiring psychological assessment was supported by the pre-sentence report and psychologist's observations, was aimed at reducing risk of reoffending and promoting rehabilitation, and was therefore lawful and proportionate under s 93 and relevant authorities.
14 Jul 2016

MITCHELL v R [2016] NZCA 331

Citation

[2016] NZCA 331
Court

Court of Appeal

The Crown's application to recall was dismissed because the Court concluded this was not an exceptional case warranting recall: the District Court is the appropriate forum to consider special release conditions under s94, an application is already before the District Court, factual developments (alleged new offending, bail conditions and residence arrangements) complicate the matter, and preserving appeal rights militates against recall.