IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI-2018-070-005243
[2020] NZHC 866
THE QUEEN v
JASON WHERO ANARU-EMERY
Hearing: 30 April 2020 Counsel:
A J Pollett for Crown
R Stevens for defendant
Judgment:
30 April 2020
SENTENCING NOTES OF KATZ J
Solicitors:Pollett Legal Limited, Office of the Crown Solicitor, Tauranga Public Defence Service, Tauranga
R v ANARU-EMERY [2020] NZHC 866 [30 April 2020]
Introduction
[1] Mr Anaru-Emery, you appear for sentence today having been found guilty, following a jury trial, of one count of kidnapping and one count of male assaults female. At the request of your lawyer I did not enter convictions on those charges at the end of trial. I enter them now.
[2] Kidnapping carries a maximum sentence of fourteen years’ imprisonment.1 Male assaults female carries a maximum sentence of two years’ imprisonment.2
[3] A conviction for kidnapping would usually require that you be given a first strike warning under the three strikes regime. That only applies, however, for offenders aged 18 and over at the time of the offending. As you were aged only 17 at the time of the offending, the three strikes regime does not apply.
[4] You have also pleaded guilty, at the outset of this morning’s hearing, to one further charge, being a representative charge of male assaults female. I will also sentence you on that charge today.
Facts
[5] First, I will briefly summarise the facts relating to the representative male assaults female charge. I will then outline the events of 21 July 2018, which were the focus of the trial.
[6] You were in an on again, off again, relationship with Halayna Wagstaff for several years. The relationship started again in January 2018. Between then and July of that year, when Halayna died tragically in a car accident, you assaulted her on numerous occasions. These assaults involved punching, kicking, slapping, biting, and other forms of physical violence. They were often triggered by your jealousy and insecurity, particularly if you were under the influence of alcohol or cannabis. You not only assaulted Halayna at home, but also when the two of you were together in motor vehicles. On one occasion you punched her in the side of the head when she
1 Crimes Act 1961, s 209(b).
2 Crimes Act 1961, s 194(b).
was driving and gave her a black eye. Your guilty plea to a representative charge of male assaults female this morning relates to these various assaults.
[7] On the afternoon of 21 July 2018, you had an argument with Halayna, during the course of which you tossed her around the room, pinned her to the wall, and dragged her around. These events gave rise to the charge of male assaults female that was heard at trial, and which the jury found you guilty of.
[8] Later that day you and Halayna attended a party together. You were in an angry mood and were verbally aggressive towards other party-goers.…
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- AGLC
- R v Anaru-Emery [2020] NZHC 866
- Case
- [2020] NZHC 866
- Decision Date
CaseChat Overview and Summary
Final orders: Anaru-Emery is sentenced to 22 months imprisonment for kidnapping, six months for a representative male assaults female charge, and six months for male assaults female, all to be served concurrently, with special conditions of release.
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Background
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