R v Christy - [2016] NZHC 2520

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS, OF COMPLAINANT PROHIBITED BY S
203 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2016-088-1216 [2016] NZHC 2520

THE QUEEN

v

HAYDEN TEONEROA CHRISTY

Hearing: 21 October 2016

Counsel:

N J Dore for the Crown
A B Fairley for Defendant

Judgment:

21 October 2016

SENTENCING NOTES OF WHATA J

Solicitors: Crown Solicitors, Whangarei

R v CHRISTY [2016] NZHC 2520 [21 October 2016]

[1] Hayden Christy, please stand. You appear for sentence having pleaded guilty to one charge of wounding with intent to cause grievous bodily harm,1 one charge of threatening to kill,2 one charge of abduction for the purposes of sexual connection3 and four charges of sexual violation by unlawful sexual connection.4 It now falls to me to sentence you on each of the charges.

[2] My sentence will be in five key parts:

(a) First, I must re-tell the facts of the offending;

(b) Second, I will describe your personal circumstances; (c) Third, I will refer to the victim impact statements;
(d) Fourth, I will set out the reasons for the sentence I impose on you; and

(e) Fifth, I will deliver my sentence. [3] You may now sit until I ask you to stand.

Facts

[4] On the morning of 29 April 2016, the victim left her home address in the Riverside area and ran anti-clockwise around the Hatea Loop track. As you were driving into the William Fraser Memorial Park, you noticed the victim. After driving past the victim, you executed a U-turn and drove back past the victim, stopping your vehicle approximately 100 metres ahead of her. You then got out of your vehicle and waited at the front of your vehicle for the victim to run past you.

Wounding with Intent to Cause GBH – Charge 1

[5] As the victim ran past you, you ran up behind her and “rugby tackled” her off

the running track and down on to rocks which line the river bank.

1      Crimes Act 1961, s 188(1), this carries a maximum penalty of 14 years’ imprisonment.
2      Section 306, this carries a maximum penalty of seven years’ imprisonment.
3      Section 208(b), this carries a maximum penalty of 14 years’ imprisonment.
4      Section 128(1)(b), this carries a maximum penalty of 20 years’ imprisonment.

[6] You ended up on top of the victim and proceeded to punch her in the head and face numerous times. You also picked up a number of rocks that were nearby and used the rocks to hit her over the head.

[7] The injuries that resulted caused the victim to lose a significant amount of blood.

Threatening to Kill – Charge 2

[8] The victim attempted to fight back and screamed out thinking that someone would hear her. This resulted in you telling her that if she did not shut up you would stab her in the head and kill her.

Abduction for Purpose of Sexual Connection – Charge 3

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Christy

Details

AGLC: R v Christy [2016] NZHC 2520
Case: [2016] NZHC 2520
Decision Date: 21 October 2016

CaseChat Overview and Summary

Hayden Teoneroa Christy was convicted of multiple charges including wounding with intent to cause grievous bodily harm, threatening to kill, abduction for the purposes of sexual connection, and four charges of sexual violation by unlawful sexual connection. The court had to determine the appropriate sentence considering the aggravating and mitigating factors of the case, the principles and purposes of sentencing, and the risk of reoffending. The court identified several aggravating factors including the use of violence, the vulnerability of the victim, the premeditated nature of the attack, the severity and scale of the offending, and the high degree of violation. There were no mitigating factors related to the offending. The court determined a starting point for the sentence considering comparable cases and set it at 15 years and six months. The court also considered personal aggravating factors such as the defendant's history of violence-related convictions, and mitigating factors such as the defendant's guilty plea and genuine remorse. The court imposed a finite sentence of 12 years' imprisonment with a minimum non-parole period of eight years on the lead charge of sexual violation. Sentences for the other charges were set concurrently. The court also imposed a sentence of preventive detention considering the defendant's risk of reoffending and other mandatory factors. The court provided a first strike warning in accordance with the law.

Orders