IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
CRI-2012-425-56 [2012] NZHC 3539
BETWEEN GRAEME CAVANAGH Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 17 December 2012
Appearances: S N Claver for the appellant
R W Donnelly for the respondent
Judgment: 17 December 2012
Reasons: 19 December 2012
REASONS FOR JUDGMENT OF CLIFFORD J
[1] The appellant, Graeme Cavanagh, pleaded guilty to one charge of injuring with intent to injure. Mr Cavanagh was sentenced in the District Court at Gore to seven months’ home detention, to undertake 200 hours community work and to pay emotional harm reparation to the victim of $1,500. Mr Cavanagh appeals against that sentence.
[2] I heard Mr Cavanagh’s appeal on Monday 17 December and gave a brief oral judgment. I allowed the appeal only to the extent of quashing the order of reparation, and otherwise dismissed the appeal. I said I would provide my reasons later. I now do so.
Facts
[3] The charge Mr Cavanagh faced arose out of an incident that occurred on
15 June 2012.
CAVANAGH v POLICE HC INV CRI-2012-425-56 [17 December 2012]
his victim worked for a weed spraying business that frequently took them away from home on work.
[5] At about 8.45pm on the evening of 15 June, Mr Cavanagh went, with two associates, to his victim’s home. Mr Cavanagh wanted to confront his victim regarding a work-related matter. Mr Cavanagh and his two associates entered the victim’s dwelling and cornered the victim in his lounge. To protect himself, the victim grappled with one of Mr Cavanagh’s associates. During that struggle he was punched a number of times and received a cut to his scalp that bled profusely. Mr Cavanagh then grabbed the victim by the shirt and lifted him off the ground and punched him in the face a number of times. The summary of facts to which Mr Cavanagh pleaded guilty records that, at one stage, one of Mr Cavanagh’s associates said “we have to leave”. To that Mr Cavanagh replied “No, he is going to get a hiding” and then continued to punch the victim in the face.
[6] The attack only stopped when the victim’s wife returned home and Mr Cavanagh and his associates left the address. Mr Cavanagh’s victim, a 49 year old man, received facial bruising and swelling to both eyes, a cut to his scalp and bruising to the right side of his jaw. The effect of the assault has caused ongoing medical and psychological problems including bad headaches, post traumatic stress syndrome, lack of sleep and delayed concussion. Mr Cavanagh’s victim has also suffered psychologically, has lost confidence and finds it difficult to go outdoors.
[7] Mr Cavanagh is 52 years old. He has a lengthy criminal and traffic history including a number of assault and other disorder charges. It is, however, important to note that the last entry in that lengthy history is in April 1999, an excess breath alcohol charge. No non-traffic offending has been recorded since 1993.
The Judge’s sentencing…
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- AGLC
- Cavanagh v Police [2012] NZHC 3539
- Case
- [2012] NZHC 3539
- Decision Date
CaseChat Overview and Summary
The offender's community work and reparation orders were not deemed excessive, as the court considered them to be a reasonable alternative to some of the home detention period. The court also dismissed the submission that the Judge had made reference to undisclosed matters, as the Judge's comments were not material to the sentence imposed. Consequently, the sentence of home detention will resume, subject to appropriate arrangements being made by the Department of Corrections.
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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