IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
CRI 2014-425-005 [2014] NZHC 931
BETWEEN MARRAH PATU BECK
Appellant
AND
NEW ZEALAND POLICE AND DEPARTMENT OF CORRECTIONS Respondents
Hearing: 6 May 2014 Appearances:
K A Owen for Appellant
S N McKenzie for RespondentsJudgment:
6 May 2014
RESERVED JUDGMENT OF MANDER J
[1] The appellant pleaded guilty to two charges of breaching a protection order and one charge of breaching release conditions. He was sentenced by Judge Turner to 15 months imprisonment. He appeals that sentence on the basis that it was manifestly excessive.
Background
[2] The appellant and his victim shared a sporadic relationship for some 10 years. That relationship however ended years ago. It was marked by a history of domestic violence dating back to 2005. On 20 November 2006, a final protection order was issued against the appellant in favour of the victim.
[3] On 1 January 2014, in breach of this protection order the appellant sent 45 text messages to the victim. In one of these messages he stated, “I’m going to put you in a coffin”. Having replied to the appellant on four occasions to tell him that she did not want to be in a relationship with him, the victim stopped replying and
phoned the Police.
BECK v NEW ZEALAND POLICE & ANOR [2014] NZHC 931 [6 May 2014]
[4] The second breach of the protection order arose out of events on the following morning, 2 January. The victim was at her home address when she received a text message from the appellant stating, “I’ll see you soon”. Over the next two hours the appellant received numerous text messages and missed calls from the appellant, none of which were replied to. In the afternoon, the victim heard a knock at her door. She then witnessed the appellant walk past a window to the back door. She then heard a set of keys being tried unsuccessfully in her front door in what was an obvious attempt by the appellant to enter the address. After the appellant left, the victim called the Police. As the Police attended at the victim’s address, they observed the appellant’s vehicle pull up outside. Notwithstanding the presence of the Police, the appellant continued to attempt to contact the victim, calling her cell phone and landline approximately 10 times.
[5] The appellant provided no explanation to the Police in relation to his actions, other than “I’ll plead guilty and do my time”.
The appellant’s previous history
[6] As detailed by Judge Turner in his sentencing remarks, the appellant has a history of domestic violence including assaults and threats to this particular victim. His history starts in 1996, when he was convicted of male assaults female and sentenced to supervision. In 1998, the appellant was convicted of a domestic violence assault and received periodic detention. In 1999, he received a sentence of supervision for male assaults female, there then followed a gap until 2006, when he was convicted of intimidation and male assaults…
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- Beck v Police [2014] NZHC 931
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- [2014] NZHC 931
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CaseChat Overview and Summary
The court examined the appellant's history of domestic violence against the victim, which dated back to 2005, and noted the appellant's repeated breaches of a protection order issued in 2006. The court further considered the events of 1 and 2 January 2014, when the appellant sent numerous threatening text messages to the victim and attempted to gain entry to her home. The appellant's lack of remorse and his statement to the police that he would "plead guilty and do my time" underscored the gravity of his actions.
The court acknowledged that while the appellant's argument regarding double counting had some merit, the sentencing judge was entitled to recognise the escalation of the appellant's conduct in the ultimate sentence. The court also found that the uplift for the appellant's prior history, which included multiple convictions for domestic violence and breaches of protection orders, was justified on grounds of deterrence and protection of the victim. The court concluded that the sentence imposed was within the range available to the sentencing judge and dismissed the appeal.
The final orders of the court were that the appeal against sentence was dismissed, and the original sentence of 15 months imprisonment imposed by the District Court was upheld. The appellant was to serve the full term of imprisonment as determined by the District Court, less the discount for early pleas.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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