Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Kenneth Morgan V Rimutaka Prison Superintendent


Kenneth Christopher Morgan V The Superintendent, Rimutaka Prison

(SC 13/2005) [2005] NZSC 26

PRESS SUMMARY

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courts.govt.nz/judgments.

The Supreme Court has dismissed Mr Morgan’s appeal against refusal by the High Court and the Court of Appeal of a writ of habeas corpus directed to the Superintendent of Rimutuka Prison where he is being held.

Between the time when Mr Morgan was charged with cultivation of cannabis and the time when he was convicted and sentenced to three years imprisonment, the Sentencing Act 2002 and the Parole Act 2002 had replaced the Criminal Justice Act 1985.

If Mr Morgan had been dealt with under the 1985 Act he would have been entitled to conditional release after serving two years of his sentence, in November last year. The Parole Act now requires the serving of the full term in prison unless the Parole Board decides to order release, which it has not done in Mr Morgan’s case.

Mr Morgan argued that the right given by s 6 of the Sentencing Act, where the penalty for an offence has been varied between the commission of an offence and sentencing, to the benefit of the “lesser penalty” – a provision which applies “despite any other enactment or rule of law” – is being infringed.

In a 4 – 1 majority judgment, with the Chief Justice dissenting, the Court has held that “penalty” in s 6 is referring to the maximum penalty for the offence, which for cultivation of cannabis is 7 years, and has not been varied, and that Mr Morgan’s right to the benefit of the lesser penalty has not therefore been infringed.

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Werewolf: What Does Winston Peters Want His Legacy To Be?

A lot of people in New Zealand seem to resent Winston Peters and the power that he appears to have. “Appears” being the operative word. In reality, Peters will have power only up to the point that he uses it.

By next week, he’ll have become just another junior player in an MMP governing arrangement, battling to hold onto the gains he was promised. More>>

 

Rising Toll: Road Safety Needs To Be A Higher Priority

Official advice released to the Green Party under the Official Information Act shows that the previous National Government dismissed an option to make road safety its most important transport priority after being told the road toll was rising. More>>

ALSO:

Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election