IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
CRI-2017-443-17 [2017] NZHC 2101
BETWEEN SHAYNE EDWARD HETEKIA BEHAN-
KITTO Applicant
AND
NEW ZEALAND POLICE Respondent
Hearing: 15 August 2017 Appearances:
J Woodcock for the applicant
R Kos and H Savage for the respondentJudgment:
31 August 2017
JUDGMENT OF CULL J
[1] This is an appeal against sentence, arising out of repeat domestic violence offending. Mr Behan-Kitto pleaded guilty to two charges of contravening a protection order,1 one charge of male assaults female,2 and one charge of burglary.3
[2] On 16 May 2017, Judge Barkle sentenced Mr Behan-Kitto to two years and one months’ (25 months) imprisonment.4 He now appeals this sentence on the basis that it was manifestly excessive.
Factual background
[3] Mr Behan-Kitto and his partner (the victim) had been in a relationship for approximately eight years and have four children together. At the time of the
1 Domestic Violence Act 1995, ss 19(2)(c), 49(1)(a) and 49(3), maximum penalty of three years’
imprisonment.
2 Crimes Act 1961, s 194(b), maximum penalty of two years’ imprisonment.
3 Section 231(1)(a), maximum penalty of 10 years’ imprisonment.
4 R v Behan-Kitto [2017] NZDC 10140.
offending, she was pregnant with their fourth child. She also has another child living with her, which Mr Behan-Kitto treats as his own.
[4] A final protection order was issued on 12 May 2016. Although the couple had reconciled in July 2016, by 31 August 2016 they agreed they needed to separate. At this time, Mr Behan-Kitto was subject to supervision and community work in respect of previous domestic violent offending against her.
[5] On 1 September 2016, the victim packed Mr Behan-Kitto’s belongings and asked him to leave the house, which he refused to do. Over the course of that day, she asked him numerous times to leave, which he eventually did at 11 pm that night. He returned, however, to the same address on 2 September 2016 and remained, despite being asked numerous times to leave.
[6] Later that evening, Mr Behan-Kitto lured the victim into the basement garage. He grabbed her from behind once she was in the basement and put both his hands over her mouth and nose, preventing her from talking and breathing for a short time. She managed to pull away and push Mr Behan-Kitto some distance in an attempt to escape. He grabbed her by the arm. One of the children came into the basement, saw what was going on and screamed, causing Mr Behan-Kitto to release the victim. Back inside the house, Mr Behan-Kitto would not let the victim leave. When he went outside at one point, the victim took the opportunity to leave and went to her mother’s house.
[7] Two days following, on 4 September 2016 at approximately 8.30 pm, Mr Behan-Kitto arrived unannounced at the victim’s mother’s address. Mr Behan- Kitto yelled at the victim to come outside, which she did not. He sent text messages to her mother, and she remained inside. He then…
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- Behan-Kitto v Police [2017] NZHC 2101
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- [2017] NZHC 2101
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