Chief Executive of the Department of Corrections v Brown

[2016] NZHC 1038

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-409-124 [2016] NZHC 1038

THE CHIEF EXECUTIVE DEPARTMENT OF CORRECTIONS

v

SAMUEL WILLIAM BROWN

Hearing:	27 April 2016
Appearances:	P A Currie for the Applicant J Lucas and R Wood for the Respondent
Judgment:	19 May 2016

JUDGMENT OF NICHOLAS DAVIDSON J (Reasons for Judgment to follow)

[1]      This is the formal judgment of the court delivered on the application for an Extended Supervision Order (ESO) being imposed on the respondent, Samuel William Brown, pursuant to s 107F of the Parole Act 2002 (the Act).

[2]      The Chief Executive of the Department of Corrections has applied for an ESO for a term of 10 years. An application has also been made pursuant to s 107IAB of the Act for Intensive Monitoring to be imposed.

[3]      Mr Brown is currently subject to an ESO which will terminate on the making of a new ESO.

THE CHIEF EXECUTIVE DEPARTMENT OF CORRECTIONS v BROWN [2016] NZHC 1038 [19 May 2016]

[4]      The Court Orders that a new ESO should apply to you Mr Brown, and I fix

10 years  as  the  term  of  the  Order.    The  Order  takes  effect  as  of  today,  the

19 May 2016.

[5]      Interim special conditions will apply under s 107IA of the Act.  The special conditions are attached to this Judgment.  I impose these special conditions and an Intensive Monitoring condition on an interim basis until such time as the Parole Board convenes and imposes that condition along with any other special conditions it deems necessary under s 107K of the Act.

[6]      I make a further Order requiring the Parole Board to impose an Intensive Monitoring condition on you, Mr Brown.  The duration of this special condition is in total to be the statutory maximum, 12 months.

[7]      The standard conditions set out in s 107JA of the Act apply throughout the term  of  the  ESO,  except  during  the  12  month  period  when  you  are  subject  to Intensive Monitoring.

[8]      You will be provided with a notice of these conditions Mr Brown.

[9]      The Reasons for Judgment will follow to reflect the evidential basis upon which the ESO, the interim special conditions, and the interim Intensive Monitoring condition are imposed.

[10]     That is the formal judgment of the court which takes effect as of now.

…………………………………………….

Nicholas Davidson J

Solicitors:

Public Defence Service, Christchurch

Raymond Donnelly & Co (Crown Solicitor’s Office), Christchurch