IN THE COURT OF APPEAL OF NEW ZEALAND
CA523/2009
[2010] NZCA 121BETWEENREIHANA CLAUDE NGAMOTU
Appellant
ANDTHE QUEEN
Respondent
Hearing:15 March 2010
Court:O'Regan, Rodney Hansen and Simon France JJ
Counsel:A J S Snell for Appellant
T Epati for Respondent
Judgment:1 April 2010 at 10.30 am
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Simon France J)
Introduction
[1] Mr Ngamotu appeals a final sentence of five years, two months, two weeks’ imprisonment. The sentence was imposed by Judge Cunningham on 31 July 2009 following a guilty plea to an indictment containing 20 counts of varying forms of assault.[1] The primary victim was his partner of 15 years, and the other victims were his three children, and a friend of his partner. The offending dates back to November 1996.
[1] R v Reihana Ngamotu DC Gisborne CRI -2008-016‑001901, 31 July 2009.
[2] The charges to which Mr Ngamotu pleaded are assault with a weapon (x 2), assault on a female (x 6), injuring with intent to injure (x 2), assault with intent to injure (x 4), threatening to kill (x 3), assault on a child (x 3), and cruelty to a child.
Facts
[3] It is necessary to detail the conduct involved in all of the 20 charges, although they can be grouped in relation to each of the victims.
[4] Concerning his partner, the first offence was in November 1996. A verbal argument escalated into a physical confrontation. Mr Ngamotu hit his partner in the mouth sufficiently hard to result in the loss of a tooth. The victim impact statement makes it plain it was a matter that caused both considerable on‑going pain and considerable stress to the victim for some time. Eventually a denture was made to replace the tooth.
[5] In August 2003, Mr Ngamotu’s partner returned home, accompanied by a friend. An argument ensued and Mr Ngamotu punched his partner four times in the face with a closed fist. The friend was surprised that Mr Ngamotu would act in this way in front of her. She sought to intervene and was herself punched. The assault on her, as with the assault on Mr Ngamotu’s partner, occurred in front of the friend’s children (the assault on the friend is count 3 in the indictment).
[6] The next assault was about three weeks later. It involved Mr Ngamotu head butting his partner, resulting in laceration to her right eyebrow that required stitches.
[7] There is then a gap of four years to December 2007. An argument in the car whilst on the way to work saw Mr Ngamotu divert to a beach area. His partner was pulled from the passenger seat and forced against the car with his forearm against her throat. This caused a difficulty in breathing that lasted for some time. As a consequence, Mr Ngamotu was charged both with assault with intent to injure, and threatening to kill.
[8] During the same month an argument during the…
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- AGLC
- Ngamotu v The Queen [2010] NZCA 121
- Case
- [2010] NZCA 121
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