R v Chief Executive of the Dept of Corrections (SC 64/2022) - (SC 64/2022)
Timestamps:
Appellant’s submissions: 2:45
Respondent’s submissions: 1:28:30
Appellant’s reply: 2:30:20
R v Chief Executive of the Dept of Corrections (SC 64/2022)
Hearing | 8 August 2023
Tuesday 8 August 2023
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Case details
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- R v Chief Executive of the Dept of Corrections (SC 64/2022) (Recorded, 8 August 2023)
Media releases
Summary
Criminal AppealResult
A Leave to appeal is granted (R (CA586/2021) v Chief Executive of the Department of Corrections [2022] NZCA 225).
B The approved question is how does the New Zealand Bill of Rights Act 1990 affect the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned is also subject to a Compulsory Care Order?
11 April 2023
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The application for recusal is dismissed.
26 April 2023
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A The application by the respondent to adduce further evidence is granted.
B The appeal is allowed.
C The proceeding is remitted to the High Court for reconsideration in light of this judgment and any further evidence adduced in that Court. Pending the High Court’s decision on review under s 107RA(5) of the Parole Act, the appellant remains subject to the extended supervision order.
7 May 2024Date of Hearing
08 August 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 8 August 2023 Appellants Submissions (PDF 349 KB)
- Hearing date 8 August 2023 Respondents Submissions (PDF 548 KB)
Hearing Transcripts
Related Documents
High Court decision — CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v R (CRI-2021-409-11) [2021] NZHC 2276 [31 August 2021]
Court of Appeal decision — Not publicly available
Leave judgment - leave granted — R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZSC 31 [11 April 2023] (PDF 33 KB)
Supreme court decision — Recusal decision: R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZSC 40 [26 April 2023] (PDF 162 KB)
Substantive judgment — R (SC 64/2022) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2024] NZSC 47 [7 May 2024] (PDF 279 KB)