23 Nov 2017
GARDNER v CORRECTIONS [2017] NZHC 2895
- Citation
- [2017] NZHC 2895
- Court
- High Court
Court held that the first three days in custody after arrest counted as time served towards the home detention sentence under s 80ZA; the subsequent 43 days between the Department's cancellation application and the court's determination do not automatically count as time served but the sentencing court must credit them pursuant to s 80ZB(b); the remaining home detention period (14 August to 15 November = 92 days) is doubled to an equivalent imprisonment term (184 days = six months) and the nine month sentence is substituted with a six month imprisonment term with the two-month breach componen…