IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
CRI-2012-443-045 [2012] NZHC 3298
BETWEEN JADE MATHEW TONY DAWSON Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 5 December 2012
Counsel: R Rai for Appellant
SA Law for Respondent
Judgment: 7 December 2012
JUDGMENT OF BREWER J
This judgment was delivered by me on 7 December 2012 at 9:30 am pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
SOLICITORS
Till Henderson (Stratford) for Appellant
C&M Legal (New Plymouth) for Respondent
DAWSON V POLICE HC NWP CRI-2012-443-045 [7 December 2012]
Introduction
[1] Mr Dawson appeals against a sentence of nine months’ imprisonment
imposed on him by Judge AC Roberts in the District Court at Hawera on 10 October
2012. Mr Rai, on the appellant’s behalf, submits that this sentence was manifestly excessive and that the District Court Judge should have exercised his discretion to impose a sentence of home detention coupled with special conditions to attend programmes to teach him to manage his anger problem and to address his drug dependency.
Background
[2] The appellant came before the District Court Judge for sentencing on three charges to which he had pleaded guilty. The first was threatening to cause grievous bodily harm, the second was possession of cannabis, and the third was possession of utensils. The latter two charges have not featured in the appeal since the District Court Judge convicted and discharged the appellant on them without comment. The charge of threatening to do grievous bodily harm carries a maximum term of
imprisonment of seven years.1
[3] The summary of facts describes circumstances surrounding a heated argument between the appellant and his partner in a car which had pulled over to the side of the road. It is convenient to quote from the summary of facts:
Three members of the public, including the victim as named in the information, saw the defendant’s partner crying in the vehicle and could hear the defendant yelling at her.
They approached the driver’s window and asked if she was ok.
The defendant has said to them “fuck off you don’t know what this is about”.
The defendant has picked up a hammer from by his feet, got out of the vehicle and stood approximately one metre from the victim.
He raised the hammer and said “fuck off and mind your own business, I’ll smash your fucking head in” and “do you want this hammer through your head?”
The victim believed that he was about to be hit in the head with the hammer by the defendant.
The defendant was told to calm down by the members of the public and eventually got back into the vehicle, telling his partner to drive off.
[4] Of significance, is that on 8 May 2012, just two months before this incident, the appellant had been before Judge Roberts on an admitted charge of behaving threateningly. That behaviour involved a golf club and a 24 year old female. At that time, because of the appellant’s medical condition, his inability to pay…
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- Dawson v Police [2012] NZHC 3298
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- [2012] NZHC 3298
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