8 Feb 2023
VAN SILFHOUT v PATHIRANNEHELAGE [2023] NZCA 5
- Citation
- [2023] NZCA 5
- Court
- Court of Appeal
The Court dismissed the appeal and held that pre-sentence detention is to be included in the period during which the limitation period is suspended under s 64 of the PVCA. The bespoke definition in s 64(2) and the statutory context (including the Parole Act's deeming of pre-sentence detention as time served) govern calculation of the suspension period; therefore remand custody counted toward suspension and the victim's claim was timely.