15 May 2019
YURAK v POLICE [2019] NZHC 1057
- Citation
- [2019] NZHC 1057
- Court
- High Court
Where there is urgent agreement that continued incarceration beyond the agreed statutory release date would be unlawful or manifestly excessive, the Court will grant an interim habeas corpus order under s11 of the Habeas Corpus Act 2001 to secure immediate release subject to standard release conditions under s93(2) of the Sentencing Act 2002, reserving substantive statutory interpretation of how pre-substituted home detention custody is to be treated for a full hearing.