IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2020-404-000237
[2020] NZHC 1988
BETWEEN LANCE CLINTON HALL
Applicant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 3 August 2020 Appearances:
R N Roy for the Applicant
J M Phillips for the Respondent
Judgment:
7 August 2020
JUDGMENT OF CAMPBELL J
This judgment was delivered by me on 07 August 2020 at 3.00pm
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
Public Defence Service, Manukau, Auckland Crown Solicitor, Auckland
HALL v NEW ZEALAND POLICE [2020] NZHC 1988 [7 August 2020]
Introduction
[1] Mr Hall pleaded guilty in the District Court to four charges of male assaults female.1 He was sentenced on 14 February 2020 to 17 and a half months’ imprisonment.2 He appeals against that sentence. The essential basis of his appeal is that the District Court Judge erred by failing to apply a discount to reflect the time Mr Hall served in custody as a recalled prisoner prior to sentencing. Mr Hall says that, as a consequence of this error, the sentence was manifestly excessive.
[2] The appeal was filed out of time. Mr Hall sought an extension of time to appeal. The Crown did not oppose an extension, and I grant it.
Factual background
[3] In 2009 Mr Hall was sentenced to 12 years’ imprisonment on two charges of sexual violation by rape, three charges of male assaults female, and one charge of threatening to kill or do grievous bodily harm.3 This was imposed cumulatively on a sentence of two years and four months’ imprisonment for wounding with intent to injure which Mr Hall was already then serving.
[4] Mr Hall was released on parole on 8 July 2018. He committed the current offending between 9 September and 11 December 2018.
[5] The summary of facts describes four incidents. In the first, Mr Hall hit the victim (his then-partner) twice in the face using the back of his hand, causing her a black eye. In the second, Mr Hall struck the victim with a closed fist to the head while he was driving and she was in the passenger seat, continuing as she cowered in the foot-well. In the third, Mr Hall became enraged and hit the victim repeatedly on the legs using a belt. He then struck her with the belt buckle four to five times, connecting with her back, the back of her neck, her head and her hands as she attempted to shield herself. In the fourth, Mr Hall hit the victim in the face with an open hand, giving her
1 Crimes Act 1961, s 194(b). Maximum penalty of two years’ imprisonment.
2 Police v Hall [2020] NZDC 2616.
3 See Hall v R [2010] NZCA 72 at [15].
a swollen and black eye. At the time the summary of facts was written the victim was still experiencing headaches, blurred vision and unsteadiness on her feet.
[6] On 10 January 2019 Mr Hall was taken into custody pursuant to an interim…
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