IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2020-409-000102
[2020] NZHC 2334
BETWEEN JASON HEATH LOCHHEAD
Appellant
AND
THE QUEEN
Respondent
Hearing: 3 September 2020 Counsel:
S Teki-Clark and M Smit for the Appellant A Harvey for the Respondent
Judgment:
8 September 2020
JUDGMENT OF DOOGUE J
This judgment was delivered by Justice Doogue on 8 September 2020 at 3.30 pm.
Registrar/ Deputy Registrar Date:
Solicitors:
Crown Solicitor, Christchurch
LOCHHEAD v R [2020] NZHC 2334 [8 September 2020]
Introduction
[1] On 21 July 2020, Judge Gilbert sentenced the appellant, Jason Heath Lochhead, to two years, three months’ imprisonment for:1 attempting to dissuade a witness;2 threatening to kill (representative);3 publishing an intimate visual recording;4 breach of protection order (representative);5 and wilful damage (representative).6
[2] Mr Lochhead appeals the end sentence on the basis that it is manifestly excessive, because the Judge gave insufficient discounts for his guilty pleas, his mental health issues, and the time he spent on curfew.
[3] The respondent submitted that the end sentence was available to the Judge, and the appeal should be dismissed.
Background
Factual background
[4] Mr Lochhead and the victim have been in a relationship for over five years. A final protection order was granted in favour of the victim on 11 December 2018.
[5] On three occasions in August 2019, Mr Lochhead went uninvited to the victim’s address and refused to leave. On one occasion, he approached the victim’s vehicle and punctured two tyres, using a knife he had brought with him. On another occasion, he smashed a bedroom window. Mr Lochhead was arrested as a result of these actions. He was granted bail, with a condition not to contact the victim.
[6] Between 24 January 2019 and 4 November 2019, Mr Lochhead and the victim exchanged multiple voice messages over the mobile application WhatsApp. During
1 R v Lochhead [2020] NZDC 14301.
2 Crimes Act 1961, s 117(a); maximum penalty seven years’ imprisonment.
3 Section 306; maximum penalty seven years’ imprisonment.
4 Section 216J; maximum penalty three years’ imprisonment.
5 Family Violence Act 2018 ss 90(a), 9 and 112(1)(a); maximum penalty three years’ imprisonment.
6 Summary Offences Act 1981, s 11(1)(a); maximum penalty three months’ imprisonment or fine of $2,000.
this period, Mr Lochhead sent around 575 messages to the victim. These messages contained numerous threats of violence.
[7] Seven of the messages contained explicit threats to end the victim’s life. Judge Gilbert referred to two specific messages in his sentencing decision.7 They covered matters such as slitting her throat, putting her into a body bag, cutting off her head, and, if the police arrived, saying that she would die.
[8] Two messages demanded that she go to a police station and have her lawyer withdraw her statements and the charges that were in train against him. Further, if she did not, he threatened that he would gain full custody of her daughter and she would never see her again.
[9] On 23…
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