IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2025-409-120 CRI-2025-409-121 [2025] NZHC 2082
BETWEEN THOMAS EDWARD BATES
Appellant
AND THE KING
Respondent
Hearing: 24 July 2025 Appearances: K Gray for Appellant
M W Fulton for Respondent
Judgment: 28 July 2025
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 28 July 2025 at 3.15 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
BATES v R [2025] NZHC 2082 [28 July 2025]
Introduction
[1] Thomas Bates appeals a sentence of two years’ imprisonment imposed by Judge Kellar on 20 May 20251 on charges of possession of an offensive weapon2 and causing grievous bodily harm with intent to injure.3 He says the Judge erred in uplifting his sentence for the previous conviction of possessing an offensive weapon, and that insufficient credit was given for mitigating factors, leading to a manifestly excessive end sentence.
Facts
[2] The facts leading to the charge of possession of an offensive weapon are that on 1 August 2024, the appellant was driving his vehicle in Christchurch. He had a disagreement with another road user. He stopped his vehicle at the intersection of Main North Road and Queen Elizabeth II Drive and left it with a metal fish bat in his hand. He ran after the other vehicle, which also came to a stop and the two occupants got out of their vehicle. The appellant approached them and raised the bat over his head. He waved the bat and his other hand in a threatening manner, before walking away.
[3] The facts of the wounding with intent to injure charge are that, on 18 October 2024, a Police Safety Order was served on the appellant, protecting the victim and his mother. The victim is the appellant’s nephew. At the time, the appellant was also subject to bail for the possession of an offensive weapon charge and to sentence for previous family violence offending.
[4] On 19 October 2024, the victim was walking his dog along a railway line in Redwood, Christchurch. The appellant and his two daughters were walking along the pathway. The appellant approached the victim from behind and yelled out “hey pussy”. The victim told the appellant that he did not want to fight in front of the appellant’s daughters. The victim and the appellant then pushed one another, before the victim told the appellant it wasn’t worth it and started to walk away. As the victim
1 R v Bates [2025] NZDC 11252.
2 Crimes Act 1961, s 202A(4)(a); maximum penalty three years’ imprisonment.
3 Section 188(2); maximum penalty seven years’ imprisonment.
turned away, the appellant struck him with a closed fist to the right-hand side of the face. The victim lost consciousness and woke a short time later on the footpath. The victim sustained a fractured jaw in two places and fractures to his right eye socket. The victim had to undergo facial reconstruction surgery and suffers ongoing…
Continue reading Bates v The King
Sign in free to access the full text
- AGLC
- Bates v The King [2025] NZHC 2082
- Case
- [2025] NZHC 2082
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.