No compensation for voluntary confinement

File photo / NZ Herald

A prisoner has failed in his request for compensation after being kept confined to his cell for 21 days, despite this being his own request so he could sober up.

While already a serving prisoner in April 2009, John Alfred Vogel pleaded guilty to drug offending and asked the visiting judge to impose the sentence so he had the opportunity to address his drug problems.

The judge complied, despite this exceeding the 15-day maximum allowed under the Penal Institutions Act.

Some years later, Vogel brought a claim for damages against the Crown, citing laws which prohibit torture and require prisoners to be treated with humanity.

The case went to the High Court which found that, although the sentence had exceeded the maximum time allowed, it had been requested by the applicant and was therefore not a breach.

The Court of Appeal, however, determined there was a breach because the applicant's known mental health and addiction issues reduced the weight that could be given to his request.

The Court of Appeal declined to award him any damages, prompting Vogel to go to the Supreme Court to seek $5000.

Vogel submitted that the unlawful sentence, and the fact that he did not receive the managerial and medical oversight required, breached his rights under the Bill of Rights Act.

The court was told there were no observations made by nurses who checked on Vogel during his confinement. He said the Government's failure to keep records to excuse the payment of compensation encouraged a failure to keep records and to investigate.

The Supreme Court dismissed the appeal.