Bolton v Police - [2016] NZHC 1297

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000046 [2016] NZHC 1297

BETWEEN
SHAUN JOHN BOLTON

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 14 June 2016

Appearances:

D J Matthews for Appellant
AMS Williams for Respondent

Judgment:

15 June 2016

JUDGMENT OF GENDALL J

Introduction

[1] The appellant, Shaun Bolton, pleaded guilty in the District Court to two charges of male assaults female1 and one charge of wilful damage.2 On 11 May
2016 Judge Mabey sentenced Mr Bolton to 26 months’ imprisonment. The appellant

now appeals on the basis that the sentence imposed was manifestly excessive.

Background

Factual circumstances

[2] On Saturday 13 February 2016 Mr Bolton, in an intoxicated state, arrived at the home of his partner, the victim. Also present at the address was the partner’s sister and her partner. The victim was sitting on the front doorstep when Mr Bolton became verbally aggressive towards her. Things escalated and Mr Bolton picked her
up by the hair and clothes and threw her into a brick wall. The victim walked inside

1 Crimes Act 1961, s 194(b).
2 Summary Offences Act 1981, s 11(1)(a).

BOLTON v NEW ZEALAND POLICE [2016] NZHC 1297 [15 June 2016]

and tried to shut the front door but the appellant forced the door open, grabbed her by the throat and held her against the wall momentarily. The victim broke free and went to the lounge in order to get away. The appellant followed her, picked her up and threw her down on the couch. He then held her down and punched her twice in the face with a closed fist. The victim suffered a cut to the head.

[3] Some weeks later, on Saturday 2 April 2016 Mr Bolton was again at the home of the victim, now his ex-partner, in an intoxicated state. He again began verbally abusing the victim. Over a two hour period things escalated to the point where Mr Bolton picked up the victim’s microwave and threw it across the kitchen breaking it. The victim attempted to escape into the longue, hiding behind her friend who was present. However, Mr Bolton pushed the friend aside and kicked the victim four times on the left side of her body as she crouched down to protect herself. Mr Bolton walked out of the longue kicking a glass tank in the kitchen, smashing it.

Judge Mabey’s sentencing

[4] Judge Mabey noted the appellant’s serious list of previous convictions involving relevant violent offences, some against females and some in a domestic scenario. It was accepted by everyone involved that the only available sentence here was one of imprisonment.

[5] On the first charge of male assaults female, Judge Mabey took a starting point of 15 months’ imprisonment, taking account of the level of violence, and the victim’s vulnerability. The Judge increased that by three months to reflect the previous similar offending. The Judge then gave a four month discount for the guilty plea reducing the sentence to one of 14 months.

[6] On…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] NZHC 1297
Decision Date: 15 June 2016

CaseChat Overview and Summary

Shaun John Bolton, the appellant, was sentenced to 26 months' imprisonment by Judge Mabey for two charges of male assaults female and one charge of wilful damage. The appellant appealed the sentence, claiming it was manifestly excessive. The primary legal issue was whether the sentence imposed by the District Court was manifestly excessive. The court had to consider whether the sentence was appropriate given the seriousness of the offences, the appellant's history of previous convictions, and the principles of totality and culpability.

The High Court found that the sentence of 26 months was appropriate. The court considered the nature of the offending, which involved serious domestic violence, multiple incidents of violence, attacks to the head, a vulnerable victim, offending in the victim's home, damage to property, offending while on bail, and a significant history of previous violent convictions. The court found that the sentence imposed by Judge Mabey was within the range available to him and did not breach the totality principle.

The court dismissed the appeal, confirming that the sentence of 26 months' imprisonment was appropriate for the gravity of the offending.

Orders