Hawkins v Chief Executive of Department of Corrections

[2015] NZHC 1070

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-409-269 [2015] NZHC 1070

BETWEEN

SHANE EDWARD HAWKINS

Applicant

AND

CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS

Respondent

Hearing:	11 May 2015
Appearances:	A Bailey for Applicant C J Lange for Defendant
Judgment:	20 May 2015

JUDGMENT OF MANDER J

[1]      Mr Hawkins’ application for habeas corpus was adjourned pending inquiries by the parties regarding details of his original custodial remand and the charges to which it related.   That inquiry was necessary as a result of an ancillary argument raised by Mr Hawkins in the course of the oral hearing of his application, regarding his initial remand in custody.  I accepted Mr Hawkins’ argument that such period of remand should be taken into account in calculation of release date, notwithstanding an intervening application under s 80F(4)(d) to cancel a sentence of home detention

and the substitution of a sentence of imprisonment.1

[2]      I have now received a further submission from the Chief Executive of the Department  of  Corrections  providing  details  of  Mr  Hawkins  original  custodial remand and the charges to which it related.  It is not necessary for me to set out those particulars.   It is sufficient that  I record that, following my decision, the Chief

Executive has calculated the pre-sentence detention period for Mr Hawkins as six

1      Hawkins v Chief Executive Department of Corrections [2015] NZHC 1001.

HAWKINS v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2015] NZHC 1070 [20 May

2015]

days, and his release date to be 20 May 2015.  I am advised that Mr Hawkins agrees with this calculation.

[3]      I also note for completeness that  I have  sighted a warrant  to detain  Mr Hawkins in respect of a charge of breaching his home detention conditions, for which he appeared in the Christchurch District Court on 30 April 2015.  The warrant records that Mr Hawkins was remanded in custody, with a direction that he be brought before the Court on 19 May 2015.  I have been advised that in relation to that charge, Mr Hawkins has been granted bail to appear again on 15 July.

[4]      It follows from the receipt of this information that Mr Hawkins has not been the subject of unlawful detention, and his application for a writ of habeas corpus is dismissed.

[5]      The Chief Executive does not apply for costs.

Solicitors:

Andrew Bailey, Christchurch

Raymond Donnelly & Co, Christchurch