IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2024-404-232
[2024] NZHC 1857
BETWEEN MAIKA CADRALALA
Appellant
AND
THE KING
Respondent
Hearing: 8 July 2024 Appearances:
MGH Jenkins for appellant M S Chiraagh for respondent
Date of judgment:
9 July 2024
REASONS FOR JUDGMENT OF JAGOSE J
This reasons for judgment was delivered by me on 9 July 2024 at 3.00pm.
………………………… Registrar/Deputy Registrar
Counsel/Solicitors:
Joanne Wickliffe, Barrister, Auckland Meredith Connell, Auckland
CADRALALA v R [2024] NZHC 1857 [9 July 2024]
[1] Maika Cadralala appeals the 21 May 2024 decision of Judge A M Fitzgibbon in the District Court at North Shore,1 sentencing him to eight months’ home detention on his guilty pleas to charges of wounding and injuring, both with intent to injure.2 The victim is his wife. At its hearing yesterday, I dismissed the appeal, with reasons to follow. These are those.
Background
[2] Mr Cadralala is 43 years old. He has no criminal or bail history. His guilty pleas came with his acceptance of Judge Fitzgibbon’s sentence indication of a two years and 10 months’ starting point.3 The Judge’s indication was on the basis of facts she summarised in the following terms:4
You and [the complainant] were married and lived together with your three year old and six year old children. On Saturday 29 July [2023] you confronted her about an alleged affair that you thought she was having. You became angry during this time and struck her about the head and these strikes caused injury to her. The next morning you again confronted her about having an affair and this time you became more angry and used your closed fists to punch her on the side of the face. She tried to defend herself by putting her forearms up and you became annoyed about that, or upset about that and grabbed a wooden broom handle and used that to strike her hand. She moved her hands away from her head and then you hit her across the back of the head which caused an open wound and she was bleeding and suffered injuries as a result of that to her face, breast, hand and cuts to her neck and hand. When you were asked for an explanation you said you assaulted her because you were enraged that she had had an extramarital affair.
Judgment under appeal
[3] For sentencing,5 from her indication’s 34-month starting point, the Judge applied discounts of 45 per cent — comprising 25 per cent for Mr Cadralala’s guilty pleas; 10 per cent for his rehabilitation and remorse; five per cent for his previous good character; and five per cent also for his compliance with restrictive bail conditions — resulting in an 18-month sentence of imprisonment, which the Judge converted to
1 R v Cadralala [2024] NZDC 11874.
2 Crimes Act 1961, s 188(2), maximum penalty seven years’ imprisonment; and s 189, maximum penalty five years’ imprisonment.
3 R v Cadralala CRI-2023-044-2521, 16 January…
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- AGLC
- Cadralala v The King [2024] NZHC 1857
- Case
- [2024] NZHC 1857
- Decision Date
CaseChat Overview and Summary
The court considered the arguments regarding the discount for remorse and rehabilitation, noting that such discounts should be based on tangible evidence, such as engagement in restorative justice processes. The court held that disaggregating remorse and rehabilitation into separate discounts was inappropriate, as rehabilitation could also evidence remorse. The court found that the sentencing judge had appropriately assessed the mitigating factors and had applied a discount of 20 per cent for these factors, which was within the usual range of five to 15 per cent. The court also found that the sentence of eight months' home detention was not manifestly excessive, as it appropriately balanced the seriousness of the offending and the need for deterrence.
The appeal was dismissed, and the original sentence was upheld.
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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