IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2017-419-64 [2017] NZHC 2883
BETWEEN ADAM POUWHERO JOHN KIHI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 17 November 2017 Counsel:
A J Hamblett for Appellant
M Dillon for RespondentJudgment:
23 November 2017
JUDGMENT OF WHATA J
This judgment was delivered by me on 23 November 2017 at 12.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date: ………………………….
Solicitors: Crown Solicitor, Hamilton
KIHI v POLICE [2017] NZHC 2883 [23 November 2017]
[1] Mr Kihi pleaded guilty to charges of breach of protection order,1 assault of a child,2 wilful damage,3 male assaults female4 and assault with a weapon.5 He was sentenced to 18 months’ imprisonment.6 He now appeals against that sentence.
Background
[2] Mr Kihi was at home with his partner of 20 years and one of their sons. He became angry with his partner. In the process of trying to strike her, he hit his son. Matters escalated. He punched his partner in the head and then struck her five times with a hair straightener. She suffered a cut to her head and some numbness. Mr Kihi has six previous convictions for violence and four for breaching a protection order. The previous conviction for breach of protection order and domestic violence in 2016 attracted a sentence of three months’ imprisonment.
The sentence
[3] Judge P R Connell summarises the facts of the offending and refers to
Mr Kihi’s history of offending. In then formulating sentence, the Judge:
(a) Examines whether Mr Kihi could be suitable to take part in the Hamilton Abuse Intervention Programme (HAIP) but notes there were difficulties in identifying a suitable address.
(b)Refers to expressions of concern raised by the Probation Service, reflecting the opinions expressed by Oranga Tamariki about the children and how they may be exposed to violence if Mr Kihi is given a non-custodial sentence of home detention.
(c) Concludes there must be a term of imprisonment, though noting Mr
Kihi’s partner did not want him to go to jail and that it is preferable he be given the opportunity to take part in HAIP.
1 Domestic Violence Act 1995, s 49.
2 Crimes Act 1961, s 194(a).
3 Summary Offences Act 1981, s 11(1)(a).
4 Crimes Act 1961, s 194(b).
5 Section 202C.
6 Police v Kihi [2017] NZDC 18269.
(d)Acknowledges the victim’s expression that she still loves Mr Kihi and that they are in a good relationship.
[4] On the lead charge, assault with a weapon (the hair straightener), the Judge adopts a starting point of 18 months. He then applies an uplift for the other offences, of nine months, resulting in a global starting point of 27 months. Credit is given for guilty plea, though Judge Connell notes it was at a late stage. He, nevertheless, applies a discount of nine months, reducing the sentence to 18 months’ imprisonment on the lead charge. He then imposes concurrent sentences of…
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- Case
- [2017] NZHC 2883
- Decision Date
CaseChat Overview and Summary
The final orders of the Court were that leave is granted to Mr Kihi, pursuant to s 80I, to apply for cancellation of his sentence of imprisonment and substitution of a sentence of home detention, if an appropriate address is found. In the event an application is made, a s 27 report should be provided by counsel for Mr Kihi addressing the matters set out in that section.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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