Moananui v Chief Executive of the Department of Corrections

[2021] NZHC 1089

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV 2021-485-243

[2021] NZHC 1089

IN THE MATTER OF

An application pursuant to the Habeas Corpus Act 2001

BETWEEN

QUENTIN JOSEPH MOANANUI

Applicant

AND

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

First Respondent

THE SUPERINTENDENT OF WHANGANUI PRISON

Second Respondent

Hearing:	On the papers
Counsel:	Applicant in person
Judgment:	14 May 2021

JUDGMENT OF CAMPBELL J

This judgment was delivered by me on 14 May 2021 at 3:30 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

MOANANUI v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2021] NZHC 1089 [14 May 2021]

[1]  Mr Moananui has tendered for filing an application for a writ of habeas corpus. The Registrar has referred the application to me under High Court Rule 5.35A.

[2]                 Mr Moananui is detained in prison. Last week he was convicted of manslaughter, kidnapping (two charges), wounding with intent to cause grievous bodily harm, and participation in an organised criminal group. On 7 May 2021 Cull J signed a warrant that Mr Moananui be detained. It appears Mr Moananui has been detained pending sentence.

[3]                 Mr Moananui’s application says that he applied for a writ of habeas corpus “to challenge the legality of the detention of a Manslaughter offence”. He says the detention subject to the manslaughter offence is unlawful, because he was never charged for the offence of manslaughter. He says that, because he was not charged with manslaughter, he could not be convicted of that offence.

[4]  It is evident from a judgment of Gwyn J (on two earlier applications by Mr Moananui for writs of habeas corpus) that he was charged with murder (as well as being charged with the other serious offending for which he has just been convicted).1 On a charge of murder, if the evidence proves manslaughter (but not murder), the jury may acquit the defendant of murder and convict of manslaughter: Criminal Procedure Act 2011, s 110. So, while it is correct that Mr Moananui was not charged with manslaughter, he was still able to be convicted of that offence.

[5]                 The basis of Mr Moananui’s challenge to his manslaughter conviction is therefore hopeless. Moreover, Mr Moananui makes no challenge to the legality of the other convictions upon which he has been detained. His application is doomed to fail.

[6]                 For these reasons the application for a writ of habeas corpus is plainly an abuse of process. I strike out the application under High Court Rule 5.35B.

[7]                 Mr Moananui has, under High Court Rule 5.35B(3), the right to appeal against this decision.

1      Moananui v Chief Executive of Department of Corrections [2020] NZHC 2948.

[8]                 I direct the Registrar to serve a copy of this decision on the Chief Executive of the Department of Corrections and the Superintendent of Whanganui Prison.

Campbell J