Michael Marino v The Chief Executive of the Department of Corrections [2016] NZSC 52 (6 May 2016)

Last Updated: 6 May 2016

IN THE SUPREME COURT OF NEW ZEALAND
SC 35/2016 [2016] NZSC 52
BETWEEN	MICHAEL MARINO Applicant
AND	THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent

Court:	Elias CJ, William Young and O'Regan JJ
Counsel:	D A Ewen and G K Edgeler for Applicant D J Perkins and T P Westaway for Respondent
Judgment:	6 May 2016

JUDGMENT OF THE COURT

A Leave to appeal is granted (Marino v The Chief Executive of the Department of Corrections [2016] NZCA 133).

B The approved question is:

Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?

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REASONS

[1] The Court has granted leave to appeal in another case which touches on the issue raised in the present application, although that case raises the issue as to how a sentence should be structured to deal with the impact of ss 90 and 91 of the Parole Act 2002.^[1]
[2] That appeal is set down for hearing on 5 July 2016. The Registrar should set down the present appeal on the following day or another day in the same week, so that the Court can address the issues at the same time.
[3] The applicant will have completed his prison term by the time of that hearing, which raises the issue of mootness. Counsel should address that issue in their submissions.

Solicitors:
Kerry Burroughs, Hamilton for Applicant
Crown Law Office, Wellington for Respondent

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^[1] Booth v R [2016] NZSC 43.