IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-319
[2019] NZHC 2984
BETWEEN TARQUIN DAVIES
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 11 November 2019 Appearances:
N Baier for the Appellant
D Becker for the Respondent
Judgment:
15 November 2019
JUDGMENT OF GORDON J
This judgment was delivered by me on 15 November 2019 at 1.00 pm
Registrar/Deputy Registrar Date:
Solicitors: Crown Solicitor, Auckland
Public Defence Service, Auckland
DAVIES v POLICE [2019] NZHC 2984 [15 November 2019]
Introduction
[1] The appellant, Tarquin Davies, breached a protection order on two occasions. On the second occasion, he was on bail for the first breach. He pleaded guilty to eight charges arising out of the events on those two occasions.
[2] On 12 July 2019, Mr Davies, was sentenced to two years and two months’ imprisonment by Judge Collins in the Auckland District Court on the following charges:1
(a)contravention of a protection order (x2);2
(b)wilful damage (x3);3
(c)common assault;4 and
(d)failing to answer District Court bail (x2).5
[3] Mr Davies now appeals that sentence on the basis that the sentence was manifestly excessive on the grounds that:
(a)the starting point was disproportionate and inconsistent with similar offending;
(b)there was insufficient adjustment to reflect the principle of totality;
(c)the uplift for relevant previous convictions was excessive; and
(d)insufficient credit was given for mitigating factors.
1 Police v Davies [2019] NZDC 13668.
2 Domestic Violence Act 1995, ss 19(1)(c), 49(1)(a) and 49(3). Maximum penalty: three years’ imprisonment.
3 Summary Offences Act 1981, s 11(1)(a). Maximum penalty: three months’ imprisonment or a fine not exceeding $2,000.
4 Section 9. Maximum penalty: six months’ imprisonment or a fine not exceeding $4,000.
5 Bail Act 2000, s 38. Maximum penalty: one year’s imprisonment or a fine not exceeding $2,000.
Background
[4] On 2 February 2017, a final protection order was issued against Mr Davies in favour of the victim, his former partner.
[5]The charges relate to two separate sets of offending.
[6] First, on 8 July 2018, Mr Davies arrived at the victim’s home address with his brother. An argument broke out between Mr Davies and the victim. Mr Davies grabbed the victim’s cell phone and threw it against the concrete driveway five times repeatedly, causing the phone to smash. Mr Davies grabbed the victim by the arm and started to pull her up the road against her will. He released the victim and she returned to her house. Mr Davies followed her, entering into the victim’s property in an attempt to locate her. The victim asked Mr Davies to leave; he refused. The victim then ran into the bathroom of the house and locked herself inside for protection.
[7] This event resulted in three charges: contravention of a protection order, common assault and wilful damage.
[8] Secondly, on 24 November 2018, the victim and her new partner were asleep in the victim’s bedroom. Mr Davies arrived at the victim’s address at about 4.30 am. He approached the…
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