Mason v Police

[2022] NZHC 475

SUPPRESSION ORDERS EXIST IN RELATION TO ASPECTS OF THIS JUDGMENT PURSUANT TO S 205 CRIMINAL PROCEDURE ACT 2011: SEE PARAGRAPH [89].

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CRI-2022-406-000001

[2022] NZHC 475

MICHAEL ANDREW MASON

v

POLICE

Hearing:

3 March 2022

Appearances:

M Zintl for the Appellant

J W N Cameron for the Respondent

Judgment:

16 March 2022

JUDGMENT OF GRICE J

(Sentence Appeal)

MASON v POLICE [2022] NZHC 475 [16 March 2022]

Contents

Introduction  [1]
Background to the offending  [4]
Family violence offending  [5]

Dishonesty offending  [11]

Driving offending  [12]
Assault on a prison officer  [13]

Lower court decision  [14]

Submissions  [28]
Appellant's submissions  [28]
Respondent's submissions  [29]

Approach to appeal  [30]

Discussion  [34]
Starting point for family violence offending too high  [35]

Insufficient discounts for personal factors  [46] No discounts for driving and assault on prison officer charges  [67] No adjustment for totality  [72]

Conclusion  [87]

Introduction

[1]                  On 14 December 2021, in the District Court at Blenheim, Mr Michael Mason (the appellant) was sentenced to five years and nine months’ imprisonment.

[2]The appellant was sentenced on the following charges:

(a)strangulation (x3);

(b)injuring with intent to injure (x4);

(c)assaulting person in a family relationship (x4);

(d)threatening to kill (x3);

(e)forgery (x3);

(f)obtaining by deception (x7);

(g)shoplifting;

(h)causing loss by deception;

(i)unlawfully converting a motor vehicle (x2);

(j)driving in a dangerous manner;

(k)failing to stop for red and blue flashing lights;

(l)breach of release conditions; and

(m)assault on a prison officer.

[3]                  The appellant appeals against sentence on the basis the sentence imposed was manifestly excessive.

Background to the offending

[4]                  The charges fall into to four sets of offending that occurred over a number of months in 2020:

(a)family violence offending;

(b)dishonesty offending;

(c)driving offending; and

(d)assault on a prison officer.

Family violence offending

[5]                  The details of the family violence offending are outlined in the sentence indication and sentencing decision in the District Court.

[6]                  All of the family violence offending was committed against the same victim in the course of an intimate relationship. The victim was pregnant with their child throughout the offending against her.

[7]The three strangulation charges arise out of the following incidents:

(a)On 24 February 2020, the appellant pressed his thumbs into the centre of the victim’s throat, restricting her ability to breathe.

(b)On 25 February 2020, the appellant using a key as a weapon applied pressure to the victim’s pharynx for approximately 10 seconds, restricting her ability to breathe.

(c)In June 2020, the appellant pinned the victim to the wall and used the webbing between his thumb and forefinger to lift her onto her tippy-toes, restricting her breathing to the point of almost losing consciousness.

[8]                  There are four charges of injuring with intent to injure. In February 2020, the appellant used a phone charger cord to whip the victim’s face. On 7 March 2020, the appellant used a knife to stab the victim in the forearm. On 6 July 2020,…