IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-404-439 [2017] NZHC 123
BETWEEN YASIR MOHIB
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 2 February 2017 Appearances:
T A Fitzgibbon for Appellant
A L McConachy for RespondentJudgment:
10 February 2017
JUDGMENT OF PAUL DAVISON J
This judgment was delivered by me on 10 February 2017 at 10.30 am pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Meredith Connell, Auckland
MOHIB v POLICE [2017] NZHC 123 [10 February 2017]
Introduction
[1] The appellant, Mr Yasir Mohib appeals against the sentence of 12 months’ imprisonment imposed on him on charges of assault with a weapon,1 assault,2 and behaving threateningly,3 in respect of which he had entered pleas of guilty.
[2] When initially sentenced on the charges in the District Court, he was granted a discharge without conviction. However following a successful Crown appeal convictions were entered and the matter was remitted back to the District Court for re-sentencing.4
[3] On 16 December 2016, the appellant was sentenced to 12 months’
imprisonment by Judge Fraser.5
Factual background
[4] The summary of facts in respect of which the appellant entered pleas of guilty, states that he and the victim are married and they reside together at an Auckland address with the appellant’s second “wife”.6
[5] On Saturday 23 May 2015, the appellant was sitting with the two women watching a movie. The victim asked the appellant why he was holding the other woman’s hand but not hers. The second wife then left the room, whereupon the appellant slapped the victim across the face with his open palm, and punched her multiple times in the head with a closed fist. The appellant then said, “We’ll finish this after the movie, don’t say a word.”
[6] The second wife returned to the room and the three resumed watching the movie, and when it ended, the second wife again left the room. The appellant also
1 Crimes Act 1961, s 202C. Maximum penalty five years’ imprisonment.
2 Crimes Act 1961, s 196. Maximum penalty one year imprisonment.
3 Summary Offences Act 1981, s 21. Maximum penalty three months’ imprisonment or a fine not
exceeding $2,000.
4 Solicitor-General v Mohib [2016] NZHC 1908.
5 Police v Mohib [2016] NZDC 25782.
6 Although she is referred to as the appellant’s “mistress” in the summary of facts, Wylie J employed the term “second wife” in the Solicitor-General’s appeal as being more appropriate to the circumstances wherein the appellant and his “second wife” had married by means of a religious ceremonial wedding in early 2015.
left the room and returned holding a hammer, saying to the victim “this is for you”. He then struck the victim with the head of the hammer, delivering multiple blows to her arms and legs. The victim begged for her life, and the appellant “relented” and hugged her.
[7] As a result of this attack, the victim suffered five or more large bruises to her right thigh, and one large…
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