IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2022-404-000101
[2022] NZHC 1446
BETWEEN RYAN AUCKRAM
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 13 June 2022 Appearances:
R Mansfield QC for the Appellant F J McKechnie for the Respondent
Judgment:
20 June 2022
JUDGMENT OF TAHANA J
This judgment was delivered by me on 20 June 2022 at 3.00pm
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
R Mansfield QC, Barrister, Auckland Meredith Connell, Auckland
AUCKRAM v NEW ZEALAND POLICE [2022] NZHC 1446 [20 June 2022]
Introduction
[1] Mr Auckram appeals against a sentence of 27 months’ imprisonment on the following charges in respect of which he pleaded guilty in the District Court at Waitakere:1
(a)Threatening to kill;2
(b)Assault on a person in a family relationship;3
(c)Wilful damage;4 and
(d)Burglary.5
[2] Mr Auckram appeals on the basis that the sentence is manifestly excessive and says the Judge erred by:
(a)adopting a starting point that was manifestly excessive;
(b)incorrectly applying an uplift for previous convictions after reductions for personal mitigating factors;
(c)giving insufficient weight to Mr Auckram’s personal mitigating factors; and
(d)not imposing a sentence of home detention.
[3] The Crown opposes the appeal and says the sentence was within range and is not manifestly excessive.
1 New Zealand Police v Auckram [2022] NZDC 5989.
2 Crimes Act 1961, s 306. Maximum penalty of seven years’ imprisonment.
3 Crimes Act 1961, s 194A. Maximum penalty of two years’ imprisonment.
4 Summary Offences Act 1981, s 11(1)(a). Maximum penalty of three months’ imprisonment or a fine not exceeding $2,000.
5 Crimes Act 1961, s 231(1)(a). Maximum penalty of 10 years’ imprisonment.
Factual background
[4] Mr Auckram and the victim were in a relationship for nine years. While they have been separated for eight years, they occasionally saw one another and were intimate.
Assault on a person in a family relationship, threatening to kill, and intentional damage
[5] Around midday on 30 June 2021, Mr Auckram arranged to meet the victim at her workplace at 10 pm. The victim subsequently advised Mr Auckram that she would be late and arrived at 11.30 pm. There she waited in her car.
[6] Mr Auckram arrived some 10 minutes later. He parked his van behind the victim’s car. He then sat in the front passenger seat of her car.
[7] Mr Auckram then began to verbally and physically abuse the victim for approximately 30 minutes. He accused her of having a sexual relationship with gang members and several of his associates. He then struck her left arm and back.
[8] Mr Auckram returned to his van. The victim locked her car doors. Mr Auckram demanded that she let him back in and kicked at the car. This dented the exterior.
[9] When the victim opened the driver’s side door, Mr Auckram punched at her arms. He also kicked her right thigh twice. These assaults caused bruising to her arms, shoulders and right thigh.
[10] Mr Auckram retrieved a crowbar from…
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