Romanov v Chief Executive, Department of Corrections

[2017] NZHC 3060

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2017-485-001007 [2017] NZHC 3060

UNDER THE

Habeas Corpus Act 2001

IN THE MATTER OF

Application for writ of Habeas Corpus

BETWEEN

RICARDO ROMANOV Applicant

AND

THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS First Respondent

THE ATTORNEY-GENERAL Second Respondent

Hearing:	11 December 2017
Counsel:	Applicant in person (via AVL) V McCall for First and Second Respondents
Judgment:	11 December 2017

JUDGMENT OF COLLINS J

Introduction

[1]      Mr Romanov is a prisoner in Rimutaka Prison. He applies for a writ of habeas corpus.  He says he is “entitled to be heard before the Parole Board immediately, and to be released on parole”.

[2]      Mr  Romanov  has  an  extensive  history  of  imprisonment  dating  back  to

September 1998 when he was sentenced to a total of 16 years and nine months’

ROMANOV v THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2017] NZHC 3060 [11

December 2017]

imprisonment for aggravated robbery and other charges.  He escaped from prison on

1 February 2006 and upon being recaptured was sentenced to another two years’ imprisonment.  He was released from prison on 7 March 2012 in relation to these matters  but  remained,  according  to  the  Department,  eligible  for  recall  up  until

10 March 2015, which was his statutory release date. On 29 May 2013, Mr Romanov was arrested and remanded in custody for a burglary offence.  He was sentenced on 4

May 2017 to seven years’ imprisonment for that offending.   The Department of Corrections has calculated that Mr Romanov’s parole eligibility date in relation to that sentence is 10 September 2018.

[3]      Mr Romanov says there are issues with the way his pre-sentence detention has been calculated. If that is so, then the correct procedure for him to follow is the appeal mechanism in s 92(4) of the Sentencing Act 2002.  As matters currently stand, Mr Romanov is serving a sentence of imprisonment imposed upon him following a conviction by a court of competent jurisdiction. As his current parole eligibility date is currently calculated to be 10 September 2018, his application for a writ of habeas

corpus must be dismissed.

D B Collins J

Solicitors:

Crown Law Office, Wellington for First and Second Respondents