IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA
AHURIRI ROHE
CRI-2022-441-000002
[2022] NZHC 591
QUENTIN BISHOP v
POLICE
Hearing: 23 March 2022 Appearances:
S Jefferson for the Appellant M Mitchell for the Respondent
Judgment:
29 March 2022
JUDGMENT OF GRICE J
(Conviction and sentence appeal)
Introduction
[1] Mr Quentin Bishop was charged with assault with intent to injure;1 assault person in a family relationship;2 and two charges of breaching a protection order.3 He was convicted by a Judge-alone trial only on the charges of assaulting with intent to injure, assaulting a person in a family relationship and one breach of protection order. He was sentenced to nine months’ supervision. He appeals both his convictions and sentence. Mr Bishop says the Judge erred in finding the charges proved, on the basis that the evidence given at the trial by the complainant was insufficient to find the
1 Crimes Act 1961, s 193 — maximum penalty three years’ imprisonment.
2 Section 194A — maximum penalty two years’ imprisonment.
3 Family Violence Act 2018, ss 90(b) and 112(1)(a) — maximum penalty three years’ imprisonment.
BISHOP v POLICE [2022] NZHC 591 [29 March 2022]
charges proved. Alternatively, Mr Bishop submits the Judge should have granted him a discharge without conviction.4
Background
[2] The appellant was in a relationship with the complainant. At around 12.30pm on 28 November 2020, the two were driving together, the appellant driving the complainant’s vehicle. An argument broke out and the appellant pulled over to the side of the road. With one hand on the steering wheel, it is said that he used the other to twist the complainant’s arm, in what was described as a “Chinese burn”. It is alleged the appellant then grabbed the complainant at the top of the knee in what was described as a “Charlie horse”. There were no lasting bruises or marks for either incident.
[3] The two returned to the appellant’s house. It was alleged the appellant took the complainant’s phone and car keys. The complainant waited in the car before going into the appellant’s house to locate her keys and phone. The complainant located the keys in the appellant’s bedroom. There was another physical incident. The complainant used a plastic drink bottle to try to hit the appellant. The appellant then used his hand around the complainant’s neck, pushed her to the wall and bit her shoulder. Although there was no broken skin, bruising later developed and marks could faintly be seen.
[4] Following these events, the complainant applied for and was granted a temporary protection order, which was in place at the time of two incidents giving rise to breach of protection order charges.
[5] On 17 December 2020, the complainant was finishing work at a supermarket. The complainant became panicked because she had seen the appellant’s vehicle. The complainant had spent a lot of time in that vehicle and knew it well. Although she could not see the registration plate, she felt certain…
Continue reading Bishop v Police
Sign in free to access the full text
- AGLC
- Bishop v Police [2022] NZHC 591
- Case
- [2022] NZHC 591
- 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.