Chamberlain v Manager of Christchurch Men's Prison

[2012] NZHC 1207

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2012-409-001097 [2012] NZHC 1207

BETWEEN  ALISTAIR GEOFFREY CHAMBERLAIN Applicant

ANDTHE MANAGER OF CHRISTCHURCH MEN'S PRISON

Defendant

Hearing:         31 May 2012 by way of Telephone Conference

Appearances: A Bailey for Applicant

A Powell for Respondent

Judgment:      31 May 2012

JUDGMENT OF CHISHOLM J

[1]      The applicant seeks an order under the Habeas Corpus Act 2001 ordering his

immediate release from the Christchurch Men’s Prison.

[2]      On 29 May 2012 he was sentenced to six months imprisonment on a total of seven charges, including four charges of obtaining by deception.  He contends that the four charges of obtaining by deception replaced an earlier charge of theft in respect of which he had been remanded in custody from 13 February 2012.

[3]      According to the applicant the time spent in custody on the theft charge must be counted as pre-sentence detention pursuant to s 91(1)(b) of the Parole Act 2002: Maile v Manager Correction Facility.[1]    On that basis he contends that his sentence has been served, he is being unlawfully detained, and he should be immediately

released.

CHAMBERLAIN V THE MANAGER OF CHRISTCHURCH MEN'S PRISON HC CHCH CIV-2012-409-

001097 [31 May 2012]

[1] Maile v Manager Correction Facility [2012] NZAR 39

[4]      At  this  stage  Mr Powell  has  not  completed his  enquiries.    However,  he acknowledges that the application appears to have merit.  To enable enquiries to be completed, the order that I now make will not come into effect until 5 p.m. today.

[5]      On the information currently available I am satisfied that the applicant is being unlawfully detained.   Unless the respondent produces information to the contrary by 5 p.m. today, the applicant is to be immediately released from prison.

[6]      Leave is reserved to either party to seek a further telephone conference.

Solicitors:

Andrew Bailey, P O Box 26127, North Avon, Christchurch 8148,  [email protected]

Crown Law, Wellington,  [email protected]