20 Jun 2018
SUTHERLAND v DEPARTMENT OF CORRECTIONS [2018] NZHC 1366
- Citation
- [2018] NZHC 1366
- Court
- High Court
Where new charges are laid and an offender spends time in custody pending those new charges and pending a resentencing application, the Parole Act pre-sentence detention regime (as explained in Booth v R) governs and Corrections must deduct the relevant period as time served when calculating statutory release dates; Corrections erred by declining to apply the contested period as pre-sentence detention and a declaration to that effect is warranted; accordingly the applicant's statutory release date was earlier and she was lawfully at large.