| NOTE: HIGH COURT ORDER IN [2014] NZHC 550 PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF DEFENDANTS IN [2014] NZHC 550 AND [2014] NZHC 1848 REMAINS |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 83/2019 [2020] NZSC 39 |
| BETWEEN | DERMOT GREGORY NOTTINGHAM |
| AND | THE QUEEN |
| SC 23/2020 | ||
| BETWEEN | DERMOT GREGORY NOTTINGHAM | |
| AND | DEPARTMENT OF CORRECTIONS | |
| Court: | Glazebrook, O’Regan and Ellen France JJ |
Counsel: | Applicant in person |
Judgment: | 24 April 2020 |
JUDGMENT OF THE COURT
APending the hearing of the appeal against sentence (SC 83/2019) in this Court, the appellant is granted bail on the conditions set out in [14] below.
B The application for leave to appeal against the decision declining habeas corpus (Nottingham v Department of Corrections [2020] NZHC 332) is dismissed.
____________________________________________________________________
REASONS
Introduction
The Court has granted Mr Nottingham leave to appeal against a sentence of home detention of 12 months imposed following a successful Solicitor‑General appeal to the Court of Appeal against sentence.[1] On appeal the Court will consider the correctness of the decision to impose “the maximum period of home detention [12 months] in circumstances where the offender had already served a period of home detention in relation to the offending”.[2]
[2]At [3].
The appeal is to be heard on 14 May 2020.
Mr Nottingham now seeks bail. He has also filed an application for leave to appeal directly to this Court against the decision of van Bohemen J declining to grant habeas corpus.[3] After setting out the background, these applications are dealt with in turn.
Background
[3]Nottingham v Department of Corrections [2020] NZHC 332 [habeas corpus decision].
Mr Nottingham was convicted of publishing information in breach of suppression orders and of criminal harassment. He was sentenced by the trial Judge, Judge Down, to a term of 12 months’ home detention and 100 hours of community work.[4] In allowing the Solicitor‑General’s appeal against sentence, the Court of Appeal quashed the part-served sentence of home detention and imposed a new sentence of 12 months’ home detention together with 100 hours of community work.[5]
[4]R v Nottingham [2018] NZDC 15373.
[5]Nottingham v R [2019] NZCA 344 at [120].
Because Mr Nottingham had served a period of three and a half months’ home detention prior to the Court of Appeal decision, he will have served 15 and a half months’ home detention by the sentence expiry date of 29 July 2020. Mr Nottingham’s calculation is that he had served 12 months’ home detention by 9 April 2020.
The application for bail
Against this background, bail is sought on a number of grounds. Those grounds include the strength of the appeal and the need to protect Mr Nottingham from what he says is arbitrary detention.
Continue reading Nottingham v The Queen
Sign in free to access the full text
- AGLC
- Nottingham v The Queen [2020] NZSC 39
- Case
- [2020] NZSC 39
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.