IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2018-409-27 [2018] NZHC 1576
BETWEEN MICHAEL SCOTT FAITH
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 21 June 2018 Appearances:
P B McMenamin for Appellant S L Dayal for Respondent
Judgment:
28 June 2018
JUDGMENT OF NICHOLAS DAVIDSON J
Introduction
[1] Mr Faith pleaded guilty to charges of burglary, theft, dishonestly interfering with a vehicle, wilful damage, possession of instruments for conversion, two breaches of a protection order, two counts of male assaults female and two counts of intentional damage. On 14 November 2017, he was sentenced to a total of two years and four months imprisonment.1 He appeals this sentence, saying it is manifestly excessive.
1 Police v Faith [2017] NZDC 29768.
FAITH v NEW ZEALAND POLICE [2018] NZHC 1576 [28 June 2018]
Facts
[2] On 7 August 2017, in daylight hours, Mr Faith went to a property in suburban Christchurch. He entered a shed and stole vehicle batteries valued at $1,500.
[3] On 13 August 2017, he entered a vehicle parked on a suburban street and stole loyalty and fuel cards. He used a screwdriver to break the ignition barrel but fled when disturbed. He was subsequently apprehended by police with a backpack containing the stolen cards and numerous tools.
[4] On 15 September 2017, a protection order was served on him relating to his former partner.
[5] On 21 September 2017, while on bail, Mr Faith went to the address of his former partner’s step-mother. His former partner and her step-mother were there. He found his former partner in a bedroom. He verbally abused her and struck her twice in the head. He put a pillow over her face for approximately two minutes while continuing to abuse her, and punched her in the head twice more. He was asked by the step-mother to leave, but refused. Instead, Mr Faith followed his former partner into the kitchen, continuing to abuse her. He attacked her again, punching her on the left cheek. She was knocked unconscious and fell to the floor.
[6] He returned in the early hours of 22 September 2017 and broke a window to gain entry. He smashed the step-mother’s cell phone and punched his former partner in the arm and body. When pushed out, he threw a bucket of paint over the side of the house. He went to the rear of the property and smashed the windows of the step-mother’s car. He returned later in the morning and was arrested.
District Court sentencing
[7] The Judge took a starting point of two years for the offending on 21 and 22 September 2017, for repeated violence, the blows to the head and suffocation. These acts were in breach of the protection order and aggravated by spiteful damage to the house, cell phone and car.
[8] An uplift of ten months for the burglary and six months for the vehicle related offending on 13 August 2017 applied, as distinctly separate…
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- Case
- [2018] NZHC 1576
- Decision Date
CaseChat Overview and Summary
The court considered whether there was an error in the imposition of the sentence that warranted a different sentence. The court found that the starting point of two years for the totality of the offending was appropriate, given the violence and disregard for the protection order. The uplifts were within range, and the removal of one uplift did not affect the overall sentence. The court did not consider the victim's statement required adjustment to the sentence, as it was common for victims to change their minds in domestic violence cases. The sentence was not manifestly excessive, and the appeal was dismissed.
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Background
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Decision
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