Baker v The King - [2024] NZHC 3074

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2024-488-000093

[2024] NZHC 3074

BETWEEN
JAYDEN ANTHONY BAKER

Appellant

AND

THE KING

Respondent

Hearing: 17 October 2024

Appearances:

J A G Moroney for Appellant

B M Bosomworth for Respondent

Judgment:

22 October 2024

JUDGMENT OF ANDREW J

This judgment was delivered by Justice Andrew on 22 October 2024 at 2.15 pm
pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar
Date ……………………………

BAKER v R [2024] NZHC 3074 [22 October 2024]

Introduction

[1] This is an appeal against sentence. In the District Court, the appellant was sentenced to five years’ imprisonment in respect of the following charges:

(a)Three charges of strangulation;1

(b)Injuring with intent to injure;2

(c)Assault with intent to injure;3

(d)Sexual violation by unlawful sexual connection;4 and

(e)Indecent assault.5

[2] The appellant pleaded guilty to the charges following a sentence indication. He has a very limited prior history.

[3] The appellant contends that the end sentence of five years’ imprisonment was manifestly excessive. In particular, it is contended that insufficient credit was given to the appellant’s background and upbringing, remorse and rehabilitation, and time spent on electronically monitored (EM) bail. The Crown opposes the appeal.

Factual background

[4] The appellant and the victim, X, had been in a relationship. It ended in June 2021 after an argument. Mr Baker was aggressive and threatening. X resides with her father, the other victim, Y.

[5] On 12 June 2021, Mr Baker arrived at X’s place of work, uninvited. They talked about their relationship which had ended the night before. The conversation became heated and Mr Baker accused X of cheating and lying. X asked Mr Baker to

1      Crimes Act 1961, s 189A(b): maximum penalty seven years’ imprisonment.
2      Crimes Act 1961, s 189(2): maximum penalty five years’ imprisonment.
3      Crimes Act 1961, s 193: maximum penalty three years’ imprisonment.
4      Crimes Act 1961, s 128(1)(b): maximum penalty 20 years’ imprisonment.
5      Crimes Act 1961, s 135: maximum penalty seven years’ imprisonment.

leave the workplace. He then grabbed her by the arm, pulled her into him, holding her tightly against his body. He then forcibly kissed her on the lips, inserting his tongue into her mouth for about ten seconds. The victim pulled away and asked Mr Baker to leave. He did so. Arrangements were made to later meet at the victim’s house to enable Mr Baker to collect his belongings.

[6] That same evening, Mr Baker arrived at victim X’s home to collect his belongings, as agreed. Y was home at the time. Mr Baker was late in arriving. While standing in X’s bedroom, an argument began. Mr Baker became enraged. He used one hand to pin X to her bed by her throat. X had trouble breathing. X attempted to cry out for help but could not speak due to the force of the grasp around her throat. Mr Baker then grabbed X by the hair with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Baker v The King

Details

AGLC: Baker v The King [2024] NZHC 3074
Case: [2024] NZHC 3074
Decision Date: 22 October 2024

CaseChat Overview and Summary

The appeal was brought by Jayden Anthony Baker against the sentence imposed by the District Court. Baker was sentenced to five years’ imprisonment for various charges including strangulation, injuring with intent, assault with intent, sexual violation, and indecent assault. The appellant claimed that the sentence was manifestly excessive, arguing that insufficient credit was given to his background, remorse, rehabilitation efforts, and the time he spent on electronically monitored bail. The Crown opposed the appeal.

The legal issues the court had to decide were whether the discount applied for the appellant’s personal and family background, and the time spent on electronically monitored bail, constituted material errors leading to a manifestly excessive sentence. The appeal was governed by section 250 of the Criminal Procedure Act 2011, which requires the Court to allow the appeal if it is satisfied there is an error in the sentence and a different sentence should be imposed. The court had to determine if the sentence imposed was within the range that could properly be justified by accepted sentencing principles.

Justice Andrew found that while the discounts applied for personal and family background and time spent on electronically monitored bail might have been on the light side, there was no material error in the approach adopted by the District Court Judge. The court considered the appellant’s traumatic and violent childhood, but noted the absence of evidence linking this background to the serious sexual offending. The court also found that the discount for time spent on electronically monitored bail was on the light side but noted the onerous conditions of the bail and the appellant’s compliance with them. Ultimately, the court found that the end sentence was within the range that could properly be justified by accepted sentencing principles, and dismissed the appeal.

The final orders were that the appeal against sentence was dismissed.

Orders