NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT/ PERSONS UNDER THE AGE OF 18 YEARS WHO APPEARED AS A WITNESS [OR NAMED WITNESS UNDER 18 YEARS OF AGE] PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2022-441-000021
[2023] NZHC 402
BETWEEN P
Appellant
AND
NEW ZEALAND POLICE
First Respondent
DEPARTMENT OF CORRECTIONS
Second Respondent
Hearing: 28 February 2023 Appearances:
E J Forster for Appellant
M J M Mitchell for Respondents
Judgment:
6 March 2023
JUDGMENT OF VAN BOHEMEN J
[Appeal against sentence]
This judgment was delivered by me on 6 March 2023, at 3:00 pm
Registrar/Deputy Registrar
……………………………..
Counsel/Solicitors: E J Forster, Hastings
Crown Solicitor at Napier
P v NEW ZEALAND POLICE [2023] NZHC 402 [6 March 2023]
[1] P appeals the sentence of two years and three months’ imprisonment imposed by Judge R J Collins in the District Court in Hastings1 after P pleaded guilty to four charges of breaching a protection order,2 one charge for threatening to cause grievous bodily harm3 and one charge for breaching community work.
[2] The charges of breaching a protection order arose from P contacting his daughter twice and his son once by Facebook messenger and from P entering the home of his former partner and mother of his children.
[3] P has also pleaded not guilty to one charge of burglary4 arising from P’s entry into his former partner’s home. No trial has taken place on the burglary charge.
[4] Mr Forster, counsel for P, submits that the sentence is manifestly excessive on the grounds that:
(a)the Judge’s initial starting point was too high as it was based on the burglary charge for which P was not being sentenced at the time;
(b)the Judge’s uplifts for concurrent offending amounted to double punishment;
(c)the Judge’s uplift for P’s previous convictions was too high, bearing in mind the sentences imposed for the previous offending; and
(d)P was entitled to a full 25 per cent guilty plea for entering his pleas at the earliest possible opportunity, as opposed to the 20 per cent discount he was given.
[5]The Police oppose the appeal.
1 Police v P [2022] NZDC 23563.
2 Family Violence Act 2018, ss 90(a) and (b) and 112(1)(a). Maximum penalty 3 years’ imprisonment.
3 Crimes Act 1961, s 306. Maximum penalty 7 years’ imprisonment.
4 Crimes Act 1961, s 231. Maximum penalty 10 years’ imprisonment
Background
[6] The following account is taken principally from the Police summary of facts, which is the same summary of facts that forms the basis of the burglary charge.
[7] P was in a relationship with the victim for approximately 18 years. They have three children together.
[8] P and the victim have been separated since February 2022. Since then, the victim blocked P’s phone number and Facebook messenger, in order to prevent him from communicating with her. There have been seven previous family…
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