Kahika v Police

Junior Kahika appealed against a sentence imposed on him by the District Court, which had found him guilty of charges including assault with intent to injure, male assaults female, and breach of protection order. The appeal was heard in the High Court of New Zealand at Napier. The central issue was whether the sentence of two years and one month’s imprisonment was manifestly excessive. The appellant's counsel argued that the starting point and the uplift in sentencing were both inappropriate and excessive, given the nature of the assault and the fact that the offending constituted a single event. The Crown, represented by Ms Cleary, contended that the starting point and uplift were justified by the seriousness of the offending, which involved significant physical and psychological abuse. The High Court considered the arguments and found that the District Court had not erred in its sentencing. The nature and extent of the violence, the vulnerability of the victim, and the duration of the assault justified the starting point of 18 months for the charge of assault with intent to injure. The uplift of six months to account for the totality of the offending, particularly the breach of a protection order, was also deemed appropriate. The Court concluded that the sentence was not manifestly excessive and dismissed the appeal.