Horscroft v Police

[2021] NZHC 2816

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2021-443-31

[2021] NZHC 2816

BETWEEN

BRANDON MAXWELL HORSCROFT

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

20 October 2021

Appearances:

N P Bourke for Appellant

L A Blencowe for Respondent

Judgment:

20 October 2021

RESULTS JUDGMENT OF ISAC J

[1]                 Mr Horscroft, who prefers to be known as Mr Winter, appeals his convictions on charges of assault on a person with whom he was in a family relationship.1

[2]                 The appeal is allowed and the convictions quashed. I will provide reasons at a later date.

[3]                 Mr Winter is serving a sentence of four and a half months’ home detention. In addition to the two assault charges subject to appeal, he was sentenced on a charge of breach of a protection order, to which he had pleaded guilty.

[4]                 In light of the outcome of the conviction appeal, I quash the sentence of four and a half months’ home detention and in its place impose a sentence of one months’ home detention on the charge of breach of a protection order. In all other respects the sentence of home detention remains unchanged.

1      Crimes Act 1961, s 194A, maximum penalty 2 years’ imprisonment.

HORSCROFT v NEW ZEALAND POLICE [2021] NZHC 2816 [20 October 2021]

Isac J

Solicitors:

Crown Solicitor, New Plymouth for Respondent