Chamberlain v Manager of Christchurch Men's Prison

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2012-409-001097 [2012] NZHC 1207

BETWEEN ALISTAIR GEOFFREY CHAMBERLAIN Applicant

ANDTHE MANAGER OF CHRISTCHURCH MEN'S PRISON
Defendant

Hearing: 31 May 2012 by way of Telephone Conference

Appearances: A Bailey for Applicant
A Powell for Respondent

Judgment: 31 May 2012

JUDGMENT OF CHISHOLM J

[1] The applicant seeks an order under the Habeas Corpus Act 2001 ordering his

immediate release from the Christchurch Men’s Prison.

[2] On 29 May 2012 he was sentenced to six months imprisonment on a total of seven charges, including four charges of obtaining by deception. He contends that the four charges of obtaining by deception replaced an earlier charge of theft in respect of which he had been remanded in custody from 13 February 2012.

[3] According to the applicant the time spent in custody on the theft charge must be counted as pre-sentence detention pursuant to s 91(1)(b) of the Parole Act 2002: Maile v Manager Correction Facility.[1] On that basis he contends that his sentence has been served, he is being unlawfully detained, and he should be immediately
released.

CHAMBERLAIN V THE MANAGER OF CHRISTCHURCH MEN'S PRISON HC CHCH CIV-2012-409-
001097 [31 May 2012]

[1] Maile v Manager Correction Facility [2012] NZAR 39

[4] At this stage Mr Powell has not completed his enquiries. However, he acknowledges that the application appears to have merit. To enable enquiries to be completed, the order that I now make will not come into effect until 5 p.m. today.

[5] On the information currently available I am satisfied that the applicant is being unlawfully detained. Unless the respondent produces information to the contrary by 5 p.m. today, the applicant is to be immediately released from prison.

[6] Leave is reserved to either party to seek a further telephone conference.

Solicitors:
Andrew Bailey, P O Box 26127, North Avon, Christchurch 8148, andybailey@gmail.com
Crown Law, Wellington, austin.powell@crownlaw.govt.nz

CaseChat Overview and Summary

The applicant, Alistair Geoffrey Chamberlain, sought an order for his immediate release from Christchurch Men's Prison under the Habeas Corpus Act 2001. He argued that he had been unlawfully detained as his six-month sentence, which included charges of obtaining by deception, should have accounted for the time he had already spent in custody on a charge of theft. The defendant, the Manager of Christchurch Men's Prison, was required to respond to the application.

The court needed to determine whether the applicant's time spent in custody on the theft charge should be counted as pre-sentence detention under section 91(1)(b) of the Parole Act 2002. This was based on a previous case, Maile v Manager Correction Facility, where the court held that pre-sentence detention should be counted towards the sentence. The court also needed to consider whether the applicant was being unlawfully detained if the time spent in custody on the theft charge was counted as pre-sentence detention.

The court accepted that the application appeared to have merit based on the information currently available. The court decided that unless the respondent could provide information to the contrary by 5 p.m. on the day of the hearing, the applicant should be immediately released from prison. The court reserved leave for either party to seek a further telephone conference to address any new information that may arise.

The court ordered that the applicant be immediately released from prison unless the respondent could provide information to the contrary by 5 p.m. on the day of the hearing. The court reserved leave for either party to seek a further telephone conference to address any new information that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established