IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2024-443-000021
[2024] NZHC 2514
BETWEEN KURT WILLIAM LAWRENCE
Appellant
AND
THE KING
Respondent
Hearing: 3 September 2024 Counsel:
P M Keegan for Appellant
O A Jessop Boivin and P D Marshall for Respondent
Judgment:
3 September 2024
ORAL JUDGMENT OF RADICH J
[1] Kurt Lawrence was convicted of domestic violence charges against his partner at the time, comprising one charge of wounding with intent to injure,1 one charge of strangulation,2 and one charge of injuring with intent to injure3. He was convicted also of one charge of wilfully attempting to pervert the course of justice.4 Judge Hikaka sentenced him to four years’ imprisonment for these convictions on 12 June 2024,5 after Mr Lawrence had pleaded guilty following a sentence indication on 2 February 2024.6
1 Crimes Act 1961, s 188(2); maximum penalty of seven years’ imprisonment.
2 Section 189A(b); maximum penalty of seven years’ imprisonment.
3 Section 189(2); maximum penalty of five years’ imprisonment.
4 Section 117(e); maximum penalty of seven years’ imprisonment.
5 R v Lawrence [2024] NZDC 13564 [Sentencing decision].
6 R v Lawrence DC New Plymouth CRI-2023-043-0000410, 2 February 2024 [Sentencing indication].
LAWRENCE v R [2024] NZHC 2514 [3 September 2024]
[2] Mr Lawrence appeals now from the Judge’s sentencing decision on the basis that insufficient discounts were given. He does not dispute the starting points taken by the District Court Judge.
The offending
[3] The domestic charges arise out of two separate incidents. The first came about after Mr Lawrence became angry at the victim, standing above her and yelling at her while she was sitting on the floor with her head in her hands. Mr Lawrence suddenly kicked her in the face hard enough to make her lose consciousness. The victim’s injuries were extensive. At the time of the kick, she bled heavily from her right eye, face, nose and mouth. The kick fractured her orbital eye socket. To remedy the harm, she needed to undergo surgery; a metal plate was secured permanently to the left side of her face to support her facial bones. She continues to suffer from related migraines. At the time of the kick, Mr Lawrence blamed the victim, saying it was her fault he had become angry.
[4] The second incident occurred almost two and a half years later. The two had continued their relationship. They lived together at this time and had a child, who was still an infant at the time of the incident. Mr Lawrence and the victim got into an argument, after which the victim told Mr Lawrence to leave the house. He took hold of the child and threatened to take the child away from the victim. When the victim attempted to get the child from Mr Lawrence, he used one hand to lift the victim off the ground by the front of her shirt and threw her onto a clothes horse. When she got back up…
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- Lawrence v The King [2024] NZHC 2514
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- [2024] NZHC 2514
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