IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2025-409-205
[2025] NZHC 2895
TONY LUCAS HIRA v
NEW ZEALAND POLICE
Hearing: 2 October 2025 Counsel:
C D Bean for Appellant G Collett for Crown
Judgment:
2 October 2025
ORAL JUDGMENT OF GENDALL J
[Sentence appeal]
Introduction
[1] On 5 August 2025, Mr Tony Hira, the appellant, was sentenced to two years one-and-a-half months’ imprisonment on charges of:1
(a)burglary;2
(b)assault on a person in family relationship (x2);3 and
(c)assaulting a person with blunt instrument.4
1 Police v Hira [2025] NZDC 18333 [decision under appeal].
2 Crimes Act 1961, s 231(1)(a)—maximum penalty of 10 years’ imprisonment.
3 Section 194A—maximum penalty of two years’ imprisonment.
4 Section 202C—maximum penalty of five years’ imprisonment.
HIRA v NEW ZEALAND POLICE [2025] NZHC 2895 [2 October 2025]
[2] Mr Hira now appeals against that decision on the basis that the starting point adopted was not within the available range, and accordingly, the resulting sentence was manifestly excessive.
Background
The offending
[3]Turning to the background in this matter, I address first the offending.
[4] Mr Hira and the complainant of his offending had been in an on-and-off relationship for one year but they did not live together. On Thursday 17 October 2024 at about 8.00 pm, Mr Hira and the complainant were arguing at her home, and he then left the address. The complainant and her brother barricaded the front door, as they feared Mr Hira would return.
[5] Approximately four hours later at 12.30 am on 18 October 2024, Mr Hira returned to the complainant’s house. He attempted to unlock and open the front door, before kicking the door and forcing it open enough for him squeeze through and get inside. Mr Hira stormed up the stairs towards the complainant’s bedroom. He punched the complainant in her right eye with a closed fist, then threw an unknown item across the bedroom which struck her on the back of the head, cutting it and causing it to bleed. When the complainant went to leave her bedroom, Mr Hira picked her up by her arms causing bruising to both arms. He then came down the stairs, past the complainant’s brother, and asked him to go outside for a fight. Mr Hira then left after being informed Police were on the way.
[6] The complainant suffered a cut to the back of her head and bruising to her right eye and both arms as a result of the assault. The front door security chain was also broken from Mr Hira’s forced entry. When asked about the incident, Mr Hira acknowledged an altercation took place.
Pre-sentence report
[7] Turning now to the pre-sentence report. This notes that Mr Hira is assessed as a medium risk of harm and a medium risk of re-offending, as well as a high-risk family
harm perpetrator. Mr Hira proposed an address in Shirley, Christchurch for the purpose of an electronically monitored (EM) sentence. The report writer recorded…
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- [2025] NZHC 2895
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