Diddums. Time for retrospective legislation so scumbags don’t get our money

The scumbags are getting set for some compo claims.

The country’s highest court has found the Corrections Department made mistakes in calculating the release dates for two inmates, and the ruling could now have a ripple effect.

Read the full decision or the summary provided by the court

Corrections has so far identified 21 prisoners who will be affected by today’s ruling.

The department’s deputy national commissioner, Rachel Leota, said some of the affected inmates could be released as early as tomorrow.

She said the department had been prepared for the possibility that the Court might rule in the prisoners’ favour.

So our catch and release programme is too tough?

Michael Marino and Edward Booth spent lengthy periods in jail on remand but the department failed to accurately factor that in.

Marino was sentenced last year to 22 months’ jail and, by his own calculation, should have been released in January this year, based on his time on remand.

When that did not happen, he filed a writ of habeas corpus (a legal proceeding to review his detention) but both the High Court and the Court of Appeal found he was being held legally.

In its decision, released today, the Supreme Court found the calculation used by Corrections and upheld by the lower courts would have given Mr Marino no credit for his time in custody on remand between February and June last year.

In Booth’s case, Hon Justice William Young said Corrections’ calculation would have led to him being in prison for 12 years and seven months, rather than the total of 11 years and nine months actually imposed at sentencing.

In that case, he will now only serve the latter term.

The Supreme Court found pre-sentence detention related to any period an offender spent in custody from the time they were charged right up to when they were sentenced.

It “unanimously” upheld that the Parole Act 2002 had been misinterpreted, and, as a consequence, there had been instances where parole and release dates had been “calculated inappropriately”.

The lawyer who took the case, Douglas Ewen, said there were probably thousands of other such cases and the Crown could be up for millions of dollars in compensation costs.

Not if we pass retrospective legislation preventing it. Stuff them they are ratbags anyway. I don’t think the general public wishes to see career criminals getting compo.

If National doesn’t sort it then Winston will for sure. He’s no crim-hugging liberal elite wanker.


– Radio NZ

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