IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2019463-44
[2019] NZHC 1370
BETWEEN HENDRIX HALL
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 17 June 2019 Appearances:
E Reilly for Appellant
M Jenkins for Respondent
Judgment:
17 June 2019
ORAL JUDGMENT OF TOOGOOD J
[Appeal against Sentence]
HALL v NEW ZEALAND POLICE [2019] NZHC 1370 [17 June 2019]
Introduction
[1]The appellant, Hendrix Hall, pleaded guilty to the following offending:
(a)On 18 May 2018, assault on a child1 and common assault.2
(b)On 20 May 2018, male assaults female.3
(c)On 23 May 2018, intimidation.4
[2]Mr Hall also failed to answer bail on 27 June 2018 and 5 September 2018.5
[3] On 17 October 2018, Mr Hall was sentenced to 12 months’ intensive supervision by Judge GC Hollister-Jones.6
[4]But then Mr Hall offended again:
(a)On 8 December 2018, breach of a protection order7 and assaulting a female.
(b)On 15 December 2018, burglary.8
(c)On 18 December 2018, breach of intensive supervision.9
(d)On 3 January 2019, failing to report.10
1 Crimes Act 1961, s 194(a); the maximum penalty is two years’ imprisonment.
2 Section 196; the maximum penalty is one year’s imprisonment.
3 Section 194(b); the maximum penalty is two years’ imprisonment.
4 Summary Offences Act 1981, s 21(d); the maximum penalty is three months’ imprisonment or a fine of $3,000.
5 Bail Act 2000, s 38; the maximum penalty is one year’s imprisonment or a fine of $2,000.
6 Police v Hall [2018] NZDC 22273.
7 Domestic Violence Act 1995, s 49; the maximum penalty is three years’ imprisonment.
8 Crimes Act 1961, s 231(1)(a); the maximum penalty is 10 years’ imprisonment.
9 Sentencing Act 2002, s 70A(a); the maximum penalty is six months’ imprisonment or a fine of
$1,500.
10 Section 70A(b); the maximum penalty is six months’ imprisonment or a fine of $1,500.
[5] Mr Hall pleaded guilty to these charges also. The Department of Corrections applied to have Mr Hall re-sentenced on all charges.11 That application was accepted by Mr Hall. On 17 April 2019, therefore, Judge Hollister-Jones sentenced him to two years and 10 months’ imprisonment for all of the offending.12 Notwithstanding that he escaped a further two months’ imprisonment because of a mistake by the Judge, Mr Hall now appeals.
The offending
[6]Mr Hall and M were in an intermittent relationship for roughly six years.
18 May 2018 - Assault on a child and common assault
[7] On 18 May 2018, Mr Hall was at home looking after M’s 10-year-old son. Mr Hall told him to go to bed but the child went outside. Mr Hall grabbed him by the arms and pushed him into the door, causing a welt on his leg. M came home and her son told her what had happened. She confronted Mr Hall about it and an argument ensued. M ended up on the ground and Mr Hall dragged her outside by the feet.
20 May 2018 – male assaults female
[8] On 20 May…
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- Hall v Police [2019] NZHC 1370
- Case
- [2019] NZHC 1370
- Decision Date
CaseChat Overview and Summary
The Court concluded that the starting point of 14 months for the first set of offending was appropriate, and the overall starting point of four years’ imprisonment was within range and not manifestly excessive. The Court noted that given the arithmetical errors that had been made, Hall was fortunate not to have been sentenced to a longer term of imprisonment. The Court also considered that the Judge’s failure to recognise certain factors such as Hall’s extensive criminal history did not result in an end sentence that was manifestly excessive. The Court further noted that it would not be fair to Hall nor assist his rehabilitation to increase the sentence any further. The Court dismissed the appeal.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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