Chief Executive of the Department of Corrections v Wilson

[2015] NZHC 1734

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-409-26 [2015] NZHC 1734

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Applicant

v

STEWART MURRAY WILSON Respondent

Hearing:	28 July 2015
Appearances:	P Currie for Applicant A McKenzie for Respondent
Judgment:	28 July 2015

JUDGMENT OF MANDER J

[1]      Application has been made for a variation of the extended supervision order made against Mr Stewart Wilson on 29 August 2012.

[2]      The term of the order was for 10 years.  Pursuant to s 107L(a) of the Parole Act (the Act), an extended supervision order comes into force on the offender’s statutory release date.  At the time the order was made Mr Wilson’s statutory release date  was  1  September  2015.    Accordingly,  that  was  the  commencement  date specified in the order.

[3]      Mr Wilson was subject to imprisonment from 15 March 1996 until he was released on parole on 29 August 2012.   On 21 February 2013, the Department of Corrections applied for an order that Mr Wilson be recalled to prison to continue serving his sentence.  An interim order recalling Mr Wilson to prison was made that

day by the Parole Board.  On 10 April 2013, a final recall order was made.

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v WILSON [2015] NZHC 1734 [28 July

2015]

[4]      Mr Wilson was charged with breaching his parole conditions.   He pleaded guilty to that charge and a cumulative sentence of six months imprisonment was imposed.

[5]      As  a  result  of  the  imposition  of  the  cumulative  sentence,  Mr  Wilson’s statutory  release  date  is  now  2  March  2016.    The  wording  of  the  extended supervision order made on 29 August 2012 is incorrect, and the application to vary the extended supervision order is made for the purpose of substituting the correct date  for  his  statutory  release,  and  therefore  the  date  on  which  the  extended supervision order will come into force.

[6]      There was some discussion between counsel as to whether it was necessary to make a formal application to vary the extended supervision order to reflect the changed statutory release date.  Mr McKenzie took the view the order was amended as a consequence of the statute and a formal order from the Court was not required. However, Ms Currie submitted that presently the order made by the Court on 29

August does not reflect the correct position.  It reads that the extended supervision order will come into force on 1 September 2015, which is presently described in the terms of the order as being the offender’s statutory release date.

[7]      There is no contest between the parties that the extended supervision order will come into force on Mr Wilson’s present statutory release date of 2 March 2016. I do not therefore consider there is any difficulty in varying the order so that it conforms with the correct position.

[8]      I make a formal order varying the existing extended supervision order made on 29 August, so as to conform with the effect of the Act.   The order will now commence on 2 March 2016, so as to reflect Mr Wilson’s statutory release date.

Solicitors:

Raymond Donnelly & Co, Christchurch

S B Law, Christchurch