IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2023-419-000065/66
[2024] NZHC 1095
BETWEEN MATTHEW RICHARD NELSON (also
known as PANDORA SADAKO MIA ELECTRA)
AppellantAND
THE KING
Respondent
Hearing: 6 March 2024 Appearances:
S Taylor for the Appellant R L Mann for the Crown
Judgment:
7 May 2024
JUDGMENT OF ANDERSON J
This judgment was delivered by me on 7 May 2024 at 3.00 pm.
………………………………
Registrar/Deputy Registrar
Solicitors: Hamilton Legal
NELSON (aka ELECTRA) v R [2024] NZHC 1095 [7 May 2024]
[1] Pandora Electra appeals against concurrent sentences imposed in the District Court following her acceptance of a sentence indication given by Judge N D Cocurullo in the Hamilton District Court on 15 September 2022. Ms Electra is a transgender woman who was sentenced under her previous name. I refer to her by her present name in this judgment. Ms Electra was sentenced simultaneously in respect of further charges prosecuted by Police. That serious offending is not in focus on appeal.
[2]The grounds for appeal focus on three aspects:
(a)the starting point identified for charge five (wounding of Ms Electra’s former partner) is said to be too high;
(b)that the Judge erred by not applying credits to reflect cultural factors, remorse, and hardship of incarceration for Ms Electra as a transgender woman; and
(c)the minimum period of imprisonment imposed was either inappropriate or too high.
[3] On the second two issues, Ms Electra asks me to admit on appeal a s 27 cultural report,1 she obtained after sentencing and a letter of remorse she has written. The Crown opposes the admission of these documents.
[4] The effect of the adjustment sought on appeal is that the starting point would be reduced from 12 years 10 months to 11 years 10 months. After further discounts as sought are made, an end sentence of six years and one months’ imprisonment would be reached in contrast to the ultimate sentence of nine years three months imprisonment.
Factual background
[5] On 15 November 2022, following a sentence indication, Ms Electra was sentenced to nine years and three months’ imprisonment with a minimum period of
1 Sentencing Act 2002, s 27.
imprisonment of 60 per cent for three charges of wounding with intent to cause grievous bodily harm.2 These were charges four to six of the seven charges prosecuted by the Crown. The other charges from the Crown concerned:
(a)threatening to kill for which she received nine months’ imprisonment (charge one);
(b)assault with a weapon for which she received 18 months’ imprisonment (charge two);
(c)assault on a person in a family relationship for which she received nine months’ imprisonment (charge three); and
(d)intentional damage for which she received 18 months’ imprisonment (charge seven).
[6] Ms Electra was simultaneously sentenced in respect of six other charges prosecuted by Police.3
[7] Each of the prison sentences are concurrent. The focus of the appeal is therefore on the sentence Ms Electra received for the lead charge of wounding…
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- Nelson aka Electra v The King [2024] NZHC 1095
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- [2024] NZHC 1095
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CaseChat Overview and Summary
The final order of the court is that the sentence is reduced to eight years of imprisonment, with a minimum period of imprisonment of 60 per cent, to be served concurrently with the other sentences imposed.
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