| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA463/2023 [2024] NZCA 211 |
| BETWEEN | GENE TAMATI REHU RAWIRI FRASER |
| AND | THE KING |
| Hearing: | 7 March 2024 |
Court: | Courtney, Dunningham and Moore JJ |
Counsel: | G D Burns and M J Taylor-Cyphers for Appellant |
Judgment: | 5 June 2024 at 10.30 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Moore J)
Introduction
Following a jury trial in the District Court at Rotorua, Mr Fraser was found guilty of one charge of injuring with intent to injure,[1] one charge of assault with intent to injure[2] and two charges of contravening a protection order.[3] On 3 July 2023, Judge A J S Snell, the trial Judge, sentenced Mr Fraser to four years and four months’ imprisonment.[4]
[1]Crimes Act 1961, s 189(2). Maximum penalty five years’ imprisonment.
[2]Section 193. Maximum penalty three years’ imprisonment.
[3]Family Violence Act 2018, ss 9, 90(a) and 112(1)(a). Maximum three years’ imprisonment.
[4]R v Fraser [2023] NZDC 14080 [sentencing decision].
Mr Fraser now appeals his sentence on the sole ground that the Judge’s overall starting point was excessive. He takes no issue with the Judge’s uplift for the breach of protection order offending or uplifts and discounts for his personal circumstances. The Crown opposes the appeal.
The offending
We gratefully adopt the Judge’s summary of the offending as set out in his sentencing notes:
[3] The factual circumstances are that on 26 July 2020, the complainants in this case, [A] and [B] … had a protection order granted in their favour. You were the respondent. You and [A] had been in a relationship for about 13 years. [B] … is [A]’s daughter.
[4] What happened was that about 10.00 am on Sunday 18 July 202[1], you and [A] and [B] were all at 4/28 Parawai Road in Rotorua. When [A] woke up that morning, she asked you how you had slept. You told her to "fuck off". She went to have a shower. You barged into the bathroom yelling, "Get the fuck out", and then [B] entered the bathroom and shouted at you to leave her mother alone. Eventually an argument took place, and you dragged both women out of the bathroom towards the front door. You were dragging [B] by her jersey and [A] was still naked after having been in the shower.
[5] On reaching the front door, you forced [B]’s head down and the allegation is that you kicked her twice to the head with force. That is the assault with intent to injure charge relating to B ... She then ran next door and sought help from her neighbour, [C]. [C] confronted you (at a distance from outside) about assaulting the two of them and you took exception to that. You went back into the house and retrieved a hammer and a metal pole. You then came out and confronted [C]. You…
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- AGLC
- Fraser v The King [2024] NZCA 211
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- [2024] NZCA 211
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