IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2017-409-19 [2017] NZHC 664
BETWEEN MARK BURTON
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 4 April 2017 Appearances:
G P Tyrrell for Appellant
P A Norman for RespondentJudgment:
7 April 2017
JUDGMENT OF NICHOLAS DAVIDSON J
Appeal
[1] On 27 January 2017 His Honour Judge MacAskill sentenced the appellant, Mr Burton, to eight months home detention on one charge of injuring with intent to injure1 and concurrently to seven days home detention on one charge of intentional damage.2 The Judge ordered the appellant to pay property and emotional harm reparation of $2,820.
[2] The appellant says the end sentence was manifestly excessive. Counsel
Mr Tyrrell, submits that a sentence of intensive supervision, community detention, and community work would be appropriate.
1 Crimes Act 1961, s 189(2), maximum penalty five years imprisonment.
2 Summary Offences Act 1981, s 11(1)(a), maximum penalty three months imprisonment, $2000 fine.
BURTON v NEW ZEALAND POLICE [2017] NZHC 664 [7 April 2017]
[3] Mr Burton was a passenger in a vehicle entering a McDonald’s driveway in the early hours of the morning. The victim, who was on his stag-do and extremely intoxicated, was standing in the driveway and obstructing entry to the car park. After sounding the horn, Mr Burton got out and approached the victim in an aggressive manner. He pushed the victim in the chest and punched him in the chin, causing him to fall to the ground. He then kicked him a number of times in the body and legs, until the victim was unconscious. He then picked up the victim’s cell phone and threw it to the ground.
[4] The victim made a statement that this was an unprovoked and cowardly attack which resulted in being knocked to the ground and unconscious by a direct king-hit punch and a forceful shove which caused him to fall backwards hitting the concrete ledge on an adjacent building which split the back of his head. He remembers waking up in the ambulance but in and out of consciousness. He had a laceration to the back of his head which required four staples. His lips were ripped, a tooth fractured, and he had a chip to another tooth. He could not eat solids for a week because of the pain, and his short term memory was affected for some weeks.
[5] The offending occurred on 12 November 2015, and at the time of the victim’s impact statement, he still had recurring headaches and spells of mental exhaustion. He had to go to a four day working week. There was pressure on his family because he and his partner were to get married within days.
[6] I recognise from the sentencing notes that the appellant is not a first offender, but there is nothing relevant in his record, other than the fact that drink-driving convictions indicate a problem with his judgment being affected by alcohol. He has self-referred in this regard. He presented to the court as…
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