R v HLH HC Hamilton CRI 2010-219-343 - [2011] NZHC 2001

NOTE: NAME AND IDENTIFYING PARTICULARS OF HLH PROHIBITED FROM PUBLICATION BY S 438(3) CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1989.
ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF THH.

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2010-219-343

THE QUEEN

v

HLH AND THH

Hearing: 13 December 2011

Counsel: J N Foster for Crown
M Robb for HLH R Boot for THH

Judgment: 13 December 2011

SENTENCING NOTES OF HEATH J

Sentence imposed: THH
Attempting to cause GBH with intent to do so
4 years and 4 months imprisonment Injuring with intent to injure Convicted and discharged Threatening to kill
Convicted and discharged
HLH
Attempting to cause GBH with intent to do so
4 years imprisonment Assault with intent to injure Convicted and discharged

R V HLH AND THH HC HAM CRI 2010-219-343 13 December 2011

Introduction

[1] THH and HLH, you each appear for sentence today having pleaded guilty to charges arising out of an incident that occurred at your home, in Pukete, on 26
December 2010. During the course of that incident a uniformed police officer, carrying out his lawful duties on behalf of the community, was subjected to an assault involving manual blows to the head and the use of weapons, in the form of a knife and machete.

[2] The seriousness of your offending must now be obvious to both of you. I hope you realise that the Courts must respond firmly to any violent conduct directed at police officers who are responsible for keeping members of the community safe.

[3] THH, at the time of the incident, you were aged 16 years. You have pleaded guilty to three charges: attempting to cause grievous bodily harm with intent to do so, injuring with intent to injure and threatening to kill. The Crown has offered no evidence on other charges. On counts 5 and 7 of the incident you are discharged.

[4] HLH, at the time you had just turned 14 years. You have pleaded guilty to charges of attempting to cause grievous bodily harm, with intent to do so, and assault with intent to injure. The Crown has offered no evidence on other charges. You are discharged on counts 1 and 3 of the indictment.

[5] The lead charges, for each of you, are attempting to cause grievous bodily harm to Constable Osborn, with intent to do so. In your case, THH, that was with a knife aimed at the constable’s head and neck area. The maximum penalty for that offence is one of 7 years imprisonment.

[6] In your case HLH, it was the use of a machete, also aimed in the region of the constable’s head. That too carries a maximum penalty of 7 years imprisonment. That is the only charge on which you can be sentenced to imprisonment. The other charges are ones which do not carry the possibility of imprisonment for anyone

under the age of 17 years. Obviously, if you had been over the age of 17…

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 HLH HC Hamilton CRI 2010-219-343

Details

AGLC: R v HLH HC Hamilton CRI 2010-219-343 [2011] NZHC 2001
Case: [2011] NZHC 2001
Decision Date: 13 December 2011

CaseChat Overview and Summary

In the High Court of New Zealand, the defendants, THH and HLH, were sentenced following their guilty pleas to charges arising from an incident on 26 December 2010. The defendants, who were brothers, assaulted a police officer, Constable Osborn, with knives and a machete. The court had to decide on appropriate sentences for the defendants, considering the severity of the assault and the mitigating factors presented. The lead charge for both defendants was attempting to cause grievous bodily harm with intent to do so, which carries a maximum penalty of seven years imprisonment. The court also considered other charges but did not impose imprisonment for those as the defendants were under 17 years old at the time of the offence. The court found the offending to be of the most serious nature, with the potential for causing death or grievous bodily harm. The defendants' youth, remorse, and guilty pleas were considered as mitigating factors. The court imposed a sentence of 4 years and 4 months imprisonment for THH and 4 years imprisonment for HLH. The court also ordered suppression of the names and identifying particulars of the defendants to protect the identity of HLH, who was under 17 at the time of the offence.

The final orders of the court were that THH be sentenced to 4 years and 4 months imprisonment for the charge of attempting to cause grievous bodily harm with intent to do so, and be convicted and discharged for the other charges. HLH was sentenced to 4 years imprisonment for the charge of attempting to cause grievous bodily harm with intent to do so, and be convicted and discharged for the other charge. Additionally, an order was made suppressing the name and identifying particulars of THH to protect the identity of HLH.

Orders