IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2017-404-000118 [2017] NZHC 1133
BETWEEN SIONE PONGIPONGI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 29 May 2017 Appearances:
S Oliver for Appellant
J Bull for RespondentJudgment:
29 May 2017
JUDGMENT OF WOOLFORD J
Solicitors/Counsel:
Meredith Connell, Auckland
Public Defence Service, Auckland
PONGIPONGI v POLICE [2017] NZHC 1133 [29 May 2017]
Introduction
[1] On 29 March 2017 in the Auckland District Court, Sione Pongipongi was sentenced to nine months imprisonment on one charge of assaulting his partner with intent to injure her. He now appeals against sentence on the basis that the sentencing Judge should have exercised his discretion to allow him to serve his sentence by way of home detention.
Facts of offending
[2] The offending happened over a year earlier, on 18 February 2016. The agreed summary of facts recorded that the victim of Mr Pongipongi’s offending was his partner of five and a half years with whom he had a four year old son and who was also eight weeks pregnant with their second child at the time.
[3] On the evening of 18 February 2016, Mr Pongipongi and his partner were at their home address. During the course of the evening Mr Pongipongi consumed about 16 cans of beer. He became angry with his partner about a household chore she had not completed. He started swearing, yelling and verbally abusing her.
[4] Mr Pongipongi entered the bedroom where his partner was putting their son to bed. He approached his partner by pretending to throw a beer can at her. As his partner got off the bed where their son was lying, Mr Pongipongi grabbed her by the neck and threw her back down. He then held her down.
[5] As his partner stood up, Mr Pongipongi grabbed her by the hair and threw her to the ground. He kept hold of her hair and swung her around, slamming her head into the floor. Mr Pongipongi slapped her in the head once with a closed fist.
[6] His partner tried to call her mother on her mobile phone, but Mr Pongipongi attempted to knock the phone away from her. Mr Pongipongi briefly left the room, but then came back and continuously punched her with a closed fist in the back of the head as she was crouching on the floor. His partner ended up lying on the floor, facing away from Mr Pongipongi. Mr Pongipongi then told her “I’m going to get rid
of the baby. You are not going to have another one to me.” Mr Pongipongi subsequently left the room, but remained at the property until police arrived.
[7] The victim suffered a sore chest. Her neck was also red and bruised. She received swelling to her face and on the left and right cheeks and scratches to her left shoulder. In explanation, Mr Pongipongi stated he lost his temper when he was called lazy.
Criminal history
[8] Mr Pongipongi has a moderate criminal history built…
Keep reading for free
Create a free CaseChat account to read Pongipongi v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] NZHC 1133
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.