IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2024-425-15
[2024] NZHC 1283
BETWEEN DANIEL ROSS MURCH
Appellant
AND
CROWN
Respondent
Hearing: 20 May 2024 Appearances:
S Williamson for the Appellant M B Brownie for the Respondent
Judgment:
22 May 2024
JUDGMENT OF MCHERRON J
[1] Daniel Murch was sentenced on 2 February 2024 in the District Court at Invercargill, to:1
(a)three years and one month’s imprisonment in relation on four charges of injuring with intent to injure;2
(b)one charge of male assaults female;3
(c)two charges of threatening to kill;4
(d)one charge of wilful damage;5
1 R v Murch [2024] NZDC 2235 (Judgment under appeal).
2 Crimes Act 1961, s 189(2). Maximum period of imprisonment: 5 years.
3 Crimes Act 1961, s 194(b). Maximum period of imprisonment: 2 years.
4 Crimes Act 1961, s 306(1)(a). Maximum period of imprisonment: 7 years.
5 Summary Offences Act 1981, s 11(1)(a). Maximum penalty: 3 months’ imprisonment or a fine not exceeding $2,000.
MURCH v CROWN [2024] NZHC 1283 [22 May 2024]
(e)one charge of unlawfully taking a motor vehicle;6
(f)one charge of driving whilst disqualified being a third or subsequent offence;7 and
(g)one charge of driving with excess breath alcohol (third or subsequent).8
[2] Mr Murch appeals this sentence on the basis it was manifestly excessive. For the reasons set out below, I agree. I substitute a sentence of two years and seven months’ imprisonment.
The facts
[3] Mr Murch got into an argument with his then partner in January 2023. The argument escalated. Mr Murch snatched her keys out of her hand and refused to give them back to her. This prevented her from leaving the address. Mr Murch then punched, kicked and stomped her multiple times in a prolonged attack that lasted approximately 15 minutes. Mr Murch had been drinking, and his behaviour was unpredictable.
[4] Mr Murch punched the victim multiple times in the right side of her face and her head. He punched her left eye. He punched her multiple times to her back and ribcage area. He then picked her up by the neck and threw her to the ground. He kicked and stomped on her torso and legs multiple times. He then picked up a hammer and threatened to kill her with the hammer.
[5] Mr Murch then damaged her vehicle with the hammer, saying “I’m going to fuck your car up so you can’t leave”.
6 Crimes Act 1961, s 226(1)(a). Maximum period of imprisonment: 7 years.
7 Land Transport Act 1998, ss 31(1)(a) and 32(4). Maximum penalty: 2 years imprisonment or a fine not exceeding $6,000.
8 Land Transport Act 1998, ss 56(1) and 56(4). Maximum penalty: 2 years’ imprisonment or a fine not exceeding $6,000.
[6] She said she was “petrified” and too scared to leave the address as she believed he would kill her. She jumped out the bathroom window to seek help and hid in the bushes after calling Police.
[7] Mr Murch took…
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- BETWEEN DANIEL ROSS MURCHAppellantANDCROWNRespondent [2024] NZHC 1283
- Case
- [2024] NZHC 1283
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CaseChat Overview and Summary
The High Court found that the District Court erred in applying the principle of totality. The Judge had imposed two separate starting points without adequately adjusting for the principle of totality, leading to a total period of imprisonment that was out of proportion to the gravity of the overall offending. The Judge had considered the threats to kill and the other violent offences separately rather than as part of a connected series of events. The High Court determined that concurrent sentencing was appropriate, and a starting point of three years’ imprisonment for the full sum of the family violence offending was suitable for the totality of the offending. The High Court substituted the original sentence with two years and seven months’ imprisonment to be served concurrently, while maintaining all other aspects of the District Court’s sentencing decision.
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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