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


Basil Steven Marshall Mist v the Queen

Supreme Court of New Zealand

1 December 2005



(SC 12/2005)


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 allowed this appeal by Mr Mist against a sentence of preventive detention. The appellant was sentenced to a finite term of 16 years’ imprisonment in the High Court for a number of serious offences.

The Crown had sought a sentence of preventive detention but the High Court Judge ruled that that sentence was not available because Mr Mist had not reached the qualifying age (then 21 years) at the time he offended. The Crown appealed to the Court of Appeal which held that it was sufficient if the qualifying age had been reached, as it had, by the time Mr Mist was sentenced. That Court, being of the view that preventive detention both could and should have been imposed, substituted that sentence accordingly.

The Supreme Court has held that Mr Mist was not eligible for a sentence of preventive detention. In order to be eligible for such a sentence, the offender must have attained the qualifying age at the time of offending which Mr Mist had not. His appeal has therefore been allowed and the matter remitted to the Court of Appeal for that Court to consider the Crown’s alternative contention that, if preventive detention was not available, 16 years was too short a total sentence for Mr Mist’s offending.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Roe v Wade Aftermath

Now that the right of US women to abortion (formerly protected by Roe v Wade) has been abolished, the important role of medication-induced abortion will come even more to the fore. Already, research by the Guttmacher Institute reproductive rights centre shows that over half of US abortions are obtained by medication. According to the US Food and Drug Administration and the World Health Organisation, the abortion pills can be safely self-administered at home within the first ten weeks of pregnancy, rather than via a surgical procedure carried out in a bricks-and-mortar abortion clinic...


Government: Electoral Changes Will Bring Greater Transparency For Voters

Changes to electoral law announced by Justice Minister Kiri Allan today aim to support participation in parliamentary elections, and improve public trust and confidence in New Zealand’s electoral system... More>>

Parliament: Grounds Fully Reopened

Parliament’s grounds have been fully reopened today at a ceremony and community event with mana whenua, members of the public, and representatives of Parliament... More>>

Chris Hipkins: Statement On Charlotte Bellis

On 31 January I released a statement regarding Charlotte Bellis and her MIQ application. I stated that emergency allocation criteria includes a requirement to travel to New Zealand within the next 14 days... More>>

NZ Republic: Charles CHOGM Speech Green Light For Change
“Prince Charles had made it clear in his speech to the Commonwealth Heads of Government Meeting (CHOGM) in Rwanda today that even the Royal family think it’s time for change” said Lewis Holden, campaign chair of New Zealand Republic... More>>

National: Goodfellow To Retire As Party President
Peter Goodfellow today announced he will not seek re-election as President of the National Party at its Annual Conference. Mr Goodfellow will remain as a director on the board for one final term to assist in the transition... More>>

Police: Parliament Occupation Investigators Seek Public Assistance
Police investigating criminal activity on the final day of the occupation at Parliament grounds earlier this year are appealing for the public’s help to identify 15 people... More>>




InfoPages News Channels