IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2017-409-000077 [2017] NZHC 2539
BETWEEN CRAIG MAURICE JARDEN
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 11 October 2017 Appearances:
J Lucas for the Appellant
C J Bernhardt for the RespondentJudgment:
18 October 2017
JUDGMENT OF NATION J
[1] Mr Jarden was sentenced on 13 June 2017 to 18 months’ imprisonment for charges of male assaults female, breach of release conditions, possession of methamphetamine and intentional damage.1 He now appeals that decision.
Facts
[2] On 30 March 2015, Mr Jarden was sentenced to two years and five months’ imprisonment for other offending. The end release date for that earlier offending was in July 2017. He was released from prison on parole and on pre-release conditions on 6 September 2016.
[3] On 23 November 2016, Mr Jarden and the victim, his then partner, got into an argument at the supermarket. They left in their car and drove to a nearby street.
1 Police v Jarden [2017] NZDC 12614.
Mr Jarden pulled the victim’s head down onto his lap and punched her four to five times to the face and head with a closed fist. He then pushed her against the car door before opening the passenger door and throwing her cell phone outside. He then pushed her out of the car, causing her head and upper body to hit the ground.
[4] After a few minutes, Mr Jarden picked up the victim and they returned to their home address. In their sleepout at that address, Mr Jarden approached the victim from behind and punched her, striking her on the side of the head. The force of the punch caused her head to hit the door and she fell to the ground. He then left in his car. The victim sustained bruising to her face, head and arms.
[5] On 27 November 2016, Mr Jarden and victim were in the sleepout. An argument began when she went to leave. He pulled her head towards him and punched her on the nose with a closed fist. The force caused her to fall back onto the bed. Mr Jarden climbed on top of her and pinned her down. He turned her over so she was face down and pushed her face into the bed. He told her, “Keep screaming, no one around here cares”. She managed to free herself and flee. The victim sustained a bleeding and swollen nose.
[6] On 22 January 2017, Mr Jarden went to the home of a friend of the first victim. He walked up the driveway and threw a small rock through the back window of the friend’s car. He then left.
[7] On 24 January 2017, the police arrested Mr Jarden. A search of his back pack was then carried out. It contained 0.48 grams of methamphetamine in a point bag and 150 empty point bags. Mr Jarden admitted that the bag was his.
[8] As a result of this…
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- AGLC
- Jarden v Police [2017] NZHC 2539
- Case
- [2017] NZHC 2539
- Decision Date
CaseChat Overview and Summary
The appeal was allowed, and the sentence was adjusted to reflect the court's findings. The new sentence of 13 months' imprisonment for the male assaults female charge is imposed cumulatively upon the sentences for the earlier offending. The sentences for the other charges remain concurrent with each other and the sentence on the male assaults female charge but are cumulative upon the sentences imposed on 30 March 2015. The court also orders Mr Jarden to pay reparation of $340.
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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