IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2012-419-73 [2013] NZHC 111
BETWEEN JASON KUHTZ Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 7 February 2013
Counsel: M B J Curran for Appellant
J E Tarrant for Respondent
Judgment: 7 February 2013
(ORAL) JUDGMENT OF KATZ J
Solicitors: Crown Solicitor, Hamilton – jet@almaodouch.co.nz
Copy to:` M B J Curran, Hamilton – mbcurran@xtra.co.nz
KUHTZ V NEW ZEALAND POLICE HC HAM CRI-2012-419-73 [7 February 2013]
Introduction
[1] Jason Kuhtz appeals against a sentence of 23 months imprisonment imposed by Judge Connell in the District Court at Thames following his pleas of guilty to charges of threatening to kill (x2); intentional damage; assault with a weapon and assault with intent to injure.
[2] Mr Kuhtz appeals on the following grounds:
(a) full credit was not given for his guilty pleas;
(b)the totality principle was either not considered or was incorrectly applied; and
(c) his remorse was not taken into account.
Facts
[3] The offending occurred on two separate occasions. The first offending occurred in February 2012 while the second series of offences took place in June
2012.
[4] The facts in relation to the February offending were as follows. Mr Kuhtz and his partner, the complainant, were at their home address. Mr Kuhtz became loud, abusive and aggressive when the complainant tried to pack a bag to leave. He pushed her down on to the bed and retrieved a swordfish sword which he then pushed down on to her throat. Mr Kuhtz’s son went into the bedroom and tried to pull the sword up off the complainant’s neck.
[5] The complainant managed to get away to the kitchen. Mr Kuhtz followed and pushed the complainant down on to the ground. He put his foot on to head and stated: “I’m going to kill you. I could kill you and snap your neck”. Again the complainant managed to get away to the car with her two year old son who was
crying and upset. Mr Kuhtz’s own son was very scared the incident could have turned out worse, had he not intervened.
[6] The subsequent offending occurred in June 2012. In particular on 16 June
2012, Mr Kuhtz was at a hotel in Thames with his partner, who is again the complainant. Both Mr Kuhtz and the complainant had consumed a considerable quantity of alcohol throughout the day.
[7] Mr Kuhtz became angry and left when he was refused service due to his level of intoxication. He then travelled to the complainant’s home. On entering, he kicked and smashed a flat screen television and smashed a glass pane door to the dining room. Mr Kuhtz then left the address, but kicked a Mitsubishi vehicle belonging to the complainant as he departed. This caused dents to two panels.
[8] At approximately 6 a.m, Mr Kuhtz returned to the address, entered through the front door, and found the complainant asleep in bed. He began abusing her, punching her on the leg and buttock several times before dragging…
Keep reading for free
Create a free CaseChat account to read Kuhtz v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] NZHC 111
- Decision Date
CaseChat Overview and Summary
The court found that while the Judge did not apply the exact same guilty plea discount in relation to each charge, this was ultimately a matter of judicial discretion and the court was not satisfied that the Judge had erred in the exercise of his discretion. The court also found that the Judge correctly applied the totality principle, except in sentencing the two related February offences on a cumulative basis, which should have been treated concurrently. Finally, while the Judge had acknowledged Mr Kuhtz’s remorse, the court found that he did not explicitly provide for such a discount in his sentencing calculations and that any discount for remorse would have to be very much at the lower end of the scale. However, the failure to provide expressly for such a discount did not warrant interference by an appellate court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.