IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2022-404-404
[2023] NZHC 361
BETWEEN RAWIRI CAVE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 13 February 2023 Counsel:
E Butler and S Poulton for Appellant O Southern for Respondent
(Via VMR)
Judgment:
2 March 2023
JUDGMENT OF HINTON J
This judgment was delivered by me on 2 March 2023 at 4.00 pm.
Registrar/Deputy Registrar
Date: ………………………….
Solicitors: Kayes Fletcher Walker, Manukau
CAVE v NEW ZEALAND POLICE [2023] NZHC 361 [2 March 2023]
[1] Mr Cave appeals against a sentence of home detention given by Judge Clark in the District Court on 20 October 2022. The charges were:
(a)Assault on a person in a family relationship (x2);1
(b)Assault with a weapon;2 and
(c)Threatening behaviour.3
Summary of offending
November 2021 offending
[2] The victim and the appellant, who were in a relationship, were together at an address on 16 November 2021. The victim was 20 weeks’ pregnant.
[3] At around 11:30 am, the victim went outside the address and began cleaning up the garden. The appellant followed her outside and started calling her a “slut” over something that happened the night before.
[4] The appellant then punched the victim five times in the face, causing her to fall over and become dizzy. The victim tried to get up by pulling herself up on the step railing, at which point the appellant hit her hands twice with a spade.
January 2022 offending
[5] The appellant appeared in the Manukau District Court on 16 November 2021. He was granted bail simpliciter, with a standard 7 pm to 7 am curfew, and conditions not to offer violence and not to associate with the victim.
[6] At around 7:30 am on 9 January 2022, the victim was sleeping at her home address with the appellant (who was in breach of his conditions by associating with the victim). She was 28 weeks’ pregnant.
1 Crimes Act 1961, s 194A, maximum penalty 2 years’ imprisonment.
2 Crimes Act 1961, s 202C, maximum penalty 5 years’ imprisonment.
3 Summary Offences Act 1981, s 21(1)(a), maximum penalty 3 months’ imprisonment.
[7] The appellant woke her by slapping her three times to the left side of her forehead with an open palm. He told her, “This is what you get, and this is why I am going to slap you all day”. He said, “I’m going to rape you, put you in the closet, and tie you up.” The victim got up and went to the lounge. The appellant followed her, told her that he would continue to hurt her, and slapped her to the left side of her face with an open palm.
[8] The appellant then picked up a plastic gun and started shooting the victim's legs and arms with gel bullets. The victim walked to the bedroom. According to the victim’s impact statement, the appellant followed her, saying, “I’ll kill you when my baby is born.” The victim feared for…
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- Cave v Police [2023] NZHC 361
- Case
- [2023] NZHC 361
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