IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2022-404-000064 CRI-2022-404-000066
CRI-2022-404-000123 [2022] NZHC 999
BETWEEN DYLAN HEMANA
Appellant
AND
THE QUEEN
Respondent
Hearing: 9 May 2022 Appearances:
A Millington for Appellant B Archibald for Respondent
Judgment:
11 May 2022
JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie On 11 May 2022 at 3.00 pm
Registrar/Deputy Registrar Date:…………………………
Solicitors/counsel:
Public Defence Service, Albany, Auckland Meredith Connell, Auckland
HEMANA v R [2022] NZHC 999 [11 May 2022]
Introduction
[1] The appellant, Dylan Hemana, appeals the sentence of one year and four months’ imprisonment imposed on him by Judge E M Thomas in the District Court at Auckland on 25 February 2022.1 The sentence was imposed after Mr Hemana had entered guilty pleas in respect of the following charges:
(a)contravening a protection order (a representative charge);
(b)assault on a person in a family relationship;
(c)unlawfully possessing a restricted weapon; and
(d)contravening a protection order.
[2] Mr Hemana argued that the sentence is manifestly excessive. He initially sought to appeal on the basis that the starting point adopted by the Judge was too high, but this ground of appeal was abandoned by Ms Millington, acting on his behalf, at the appeal hearing. Other grounds of appeal were however maintained – namely, that Mr Hemana was given insufficient credit for personal mitigating factors and that the Judge erred in the inferences he drew from the pre-sentence report.
[3] The Crown opposed the appeal. It argued that the Judge made no error, that he properly exercised his discretion in deciding that imprisonment was the appropriate end sentence and that the sentence imposed was well within the available range given the offending in issue.
The offending
[4] The victim of the majority of the offending was Mr Hemana’s former partner. She has a protection order in her favour. It has been in place since 2014. The order also protects the victim and Mr Hemana’s two children. Mr Hemana has three prior convictions for breaching the protection order. He also has previous convictions for inflicting violence on the victim.
1 R v Hemana [2022] NZDC 4392.
9 June 2021 offending
[5] On 9 June 2021, at around 7.30 am, Mr Hemana sent a text to the victim, asking her to visit his sister. She told him to leave her alone. He tried to ring her – she hung up on him. She followed this up with a text message saying “Dylan please leave me alone the constant calling and texting. You said you were staying away”. Notwithstanding this rebuff, Mr Hemana then sent approximately 64 text messages and made some 50 phone calls to the victim over a period of some five hours. Many of the text messages were abusive and derogatory.
[6] At about 5.30 pm on the same day, the victim was at a birthing centre in a town north of Auckland. Mr Hemana parked his truck next to her car and waited…
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- Hemana v The the Queen [2022] NZHC 999
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- [2022] NZHC 999
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