| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA722/2020 [2021] NZCA 325 |
| BETWEEN | BRANDON CAIN BOWRING |
| AND | NEW ZEALAND POLICE |
| Court: | Cooper, S France and Edwards JJ |
Counsel: | N P Bourke for Appellant |
Judgment: | 20 July 2021 at 10.30 am |
JUDGMENT OF THE COURT
The application for leave to bring a second appeal against sentence is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Cooper J)
Mr Bowring seeks leave to bring a second appeal against sentence. He was sentenced in the District Court to two years and four months’ imprisonment after pleading guilty to a number of charges arising out of offending against his partner.[1] His appeal to the High Court was dismissed.[2]
[1]Police v Bowring [2020] NZDC 20149 [District Court judgment].
[2]Bowring v Police [2020] NZHC 3252 [High Court judgment].
Under s 253(3) of the Criminal Procedure Act 2011, this Court must not give leave for a second appeal unless satisfied that either the appeal involves a matter of general or public importance, or a miscarriage of justice may have occurred, or may occur, unless the appeal is heard. This broad statutory language, which recurs in a number of sections of the Criminal Procedure Act dealing with applications for leave to bring a second appeal,[3] sets a high threshold.[4] As observed by the Supreme Court in Mist v R, appeals against the nature or length of a sentence will “only infrequently raise a question of general principle suitable for a second appeal ”.[5]
The offending and District Court sentence
[3]See Criminal Procedure Act 2011, ss 223(3), 237(2), 264(2) and 267(2).
[5]Mist v R [2005] NZSC 29 at [3].
Mr Bowring was convicted of one charge of threatening to kill,[6] a representative charge of assault with intent to injure,[7] and one charge each of strangulation and wilful damage.[8] The complainant was a person with whom Mr Bowring had been in a relationship with for five months.
[6]Crimes Act 1961, s 306.
[7]Section 193.
[8]Section 189A(b); and Summary Offences Act 1981, s 11(1)(a).
Judge Hunt took strangulation as the lead offence, and adopted a starting point of 20 months’ imprisonment.[9] The relevant facts concerning that offence, and the events that immediately preceded it were set out in the Judge’s sentencing notes as follows:
[9] On 11 October, you were in a residential address in New Plymouth with the victim. You were in the lounge arguing. The victim was smoking a tailormade cigarette at the time. During the argument, you approached her aggressively. She protected her head with her hands and fell to the ground on her knees dropping her cigarette. You picked up that cigarette and you pushed it into the victim’s neck. This was not an accident. It was not inadvertent. The summary discloses that you deliberately picked it up and pushed it into her…
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- Bowring v Police [2021] NZCA 325
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- [2021] NZCA 325
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