R v Cooper - [2020] NZHC 329

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2018-027-1034

[2020] NZHC 329

THE QUEEN

v

LOU APE COOPER

Hearing: 26 February 2020

Appearances:

R Annandale and C Taylor For the Crown G Anson for the Defendant

Sentence:

26 February 2020

SENTENCING NOTES OF GORDON J

Solicitors: Crown Solicitor, Whangarei Counsel: G Anson, Kerikeri

R v COOPER [2020] NZHC 329 [26 February 2020]

Introduction

[1] Mr Cooper, at the age of 34, you appear today for sentence having pleaded guilty on 29 August 2019 to 15 charges arising from offending which occurred over a period of seven months between August 2017 and February 2018. The charges are:

(a)One charge of causing grievous bodily harm with intent to cause grievous bodily harm;1

(b)One charge of injuring with intent to cause grievous bodily harm;2

(c)One charge of threatening to kill;3

(d)One charge of threatening to do grievous bodily harm;4

(e)Three charges of injuring with intent to injure;5

(f)One representative charge of unlawful possession of a firearm;6

(g)Three charges of assault with intent to injure;7

(h)One representative charge of contravening a protection order;8

(i)Two charges of male assaults female;9 and

(j)One charge of possession of a Class A Controlled Drug.10

1      Crimes Act 1961, s 188(1).
2      Crimes Act 1961, s 189(1).
3      Crimes Act 1961, s 306(1)(a).
4      Crimes Act 1961, s 306(1)(a).
5      Crimes Act 1961, s 189(2).
6      Arms Act 1982, s 45(1)(b).
7      Crimes Act 1961, s 193.
8      Domestic Violence Act 1995, s 49(1)(a).
9      Crimes Act 1961, s 194(b).
10     Misuse of Drugs Act 1975, ss 7(1)(a) and 7(2).

[2] The most serious of those charges, causing grievous bodily harm with intent to cause grievous bodily harm, carries a maximum penalty of 14 years’ imprisonment.11

[3] All but one of these offences were committed against your former partner. The offending commenced immediately after you had been released from custody for a sentence of one year and two months’ imprisonment imposed for violent offending against her. At the time of your offending you were still subject to that sentence, with release conditions which included a prohibition on contact with the victim. There was also a protection order in force at the time in her favour against you. The remaining offence was assault (a threatened application of force) on another victim who was a friend of your former partner. When I refer to “the victim” in this sentencing I will be referring to your former partner and not to her friend.

[4]On your guilty pleas you were given your first strike warning.

[5] The offence of causing grievous bodily harm with intent to cause grievous bodily harm and the offence of injuring with intent to cause grievous bodily harm are both qualifying offences for the purposes of s 82(2)(a) of the Sentencing Act 2002, in other words for a sentence of preventive detention. The primary issue for the Court today is whether I should impose a finite sentence of imprisonment or…

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 Cooper

Details

AGLC: R v Cooper [2020] NZHC 329
Case: [2020] NZHC 329
Decision Date: 26 February 2020

CaseChat Overview and Summary

Lou Ape Cooper pleaded guilty to 15 charges, including causing grievous bodily harm with intent to cause grievous bodily harm, injuring with intent to cause grievous bodily harm, threatening to kill, unlawful possession of a firearm, and possession of a Class A Controlled Drug. The court was required to decide whether to impose a finite sentence of imprisonment or a sentence of preventive detention. The court considered the appropriate finite sentence, taking into account the gravity and seriousness of the offending, the need for consistency with comparable sentencing levels, and the need to impose the least restrictive sentence that is appropriate in the circumstances. The court also considered the defendant's personal circumstances, previous convictions, and mitigating factors. The court found that there was enough evidence to indicate that the defendant was likely to commit another qualifying violent offence in the future, and therefore imposed a sentence of preventive detention with a minimum period of imprisonment of eight years and three months. The court also imposed concurrent sentences for the remaining charges.

Orders