Love v Police

Case [2014] NZHC 2643


IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2014-409-92 [2014] NZHC 2643

BETWEEN

MARK RICHARD LOVE

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 23 October 2014

Appearances:

L L Heah for Appellant
AMS Williams for Respondent

Judgment:

28 October 2014

JUDGMENT OF MANDER J

[1]      In the early hours of the morning, Mr Love was at home in bed with his wife. She was sleeping.   On two occasions throughout the night she had declined his requests for sex.  It is apparent this was a source of irritation to Mr Love and, when his wife’s phone rang, he became enraged and attacked her.  Mr Love pushed himself on top of his victim, pinned her down with his knees, and punched her in the face. His victim was able to fend him off and call the police.

[2]      Upon arrival, the police found items consistent with methamphetamine use and a small amount of cannabis.   As a result of the assault, the victim suffered swelling and bruising in the region of her eye.

[3]      Mr Love was subsequently charged and bailed.  A condition of his bail was that he not contact his wife or go within 100 metres of her address.  Following this incident,  the  victim  obtained  a  protection  order.    On  two  occasions,  Mr  Love

breached the protection order and conditions of his bail.

LOVE v NEW ZEALAND POLICE [2014] NZHC 2643 [28 October 2014]

[4]      On the first occasion, Mr Love went to his wife’s home uninvited, entered the house when she answered the front door, sat down on a couch and used her laptop. She asked him to leave, which he eventually did.  On the second occasion, Mr Love sent the victim some 34 text messages and called her on her cell phone on four occasions.   In explanation, Mr Love claimed that his wife had initiated contact by text message and she had invited him around to the address.  He has subsequently admitted this was not the case.

[5]      Mr Love pleaded guilty to a charge of male assaults female, possession of a class C drug, possession of utensils, and breaching protection orders on two separate occasions.   Judge Crosbie sentenced him to a total sentence of 12 months imprisonment.   The sentencing Judge adopted a starting point of nine months imprisonment for the charge of male assaults female which he uplifted by imposing a cumulative term of three months imprisonment for the two breaches of the protection order, before increasing the sentence further by three months to recognise that the breaches of the protection order had occurred while Mr Love was on bail.  The end sentence  of  15  months  was  then  discounted  by  three  months  in  recognition  of Mr Love’s  guilty pleas.   Judge Crosbie declined to impose a sentence  of home detention.  In relation to the two minor drug offences, the appellant was convicted and discharged.

[6]     On appeal, Mr Love submitted that a sentence of imprisonment was inappropriate, that the 12 month term imposed was manifestly excessive and that home…

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Love v Police [2014] NZHC 2643
Case
[2014] NZHC 2643
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CaseChat Overview and Summary

In the High Court of New Zealand, Mark Richard Love appealed against his conviction and sentence for male assaults female, possession of a class C drug, possession of utensils, and breaching protection orders on two separate occasions. The sentencing Judge imposed a total sentence of 12 months imprisonment, which was reduced to nine months by discounting three months for Mr Love's guilty pleas. The Judge declined to impose a sentence of home detention. On appeal, Mr Love submitted that a sentence of imprisonment was inappropriate, that the 12 month term imposed was manifestly excessive and that home detention should have been imposed. The court found that the starting point of nine months imprisonment was appropriate, however, the length of sentence was excessive. The court found that the reduction of three months to recognise Mr Love's guilty plea was a proper reduction available to the sentencing Judge. The court found that Judge Crosbie did not err in the exercise of his discretion to decline home detention to Mr Love. In substitution of the sentence of 12 months imprisonment, the court imposed an effective sentence of seven months imprisonment.

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