IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-092-009571

[2019] NZHC 76

THE QUEEN

v

DEASMOND PATIOLE

Hearing: 5 February 2019

Appearances:

J Rhodes and K Tuialii for Crown N Tupou for Defendant

Sentencing:

5 February 2019

SENTENCING NOTES OF WYLIE J

Solicitors/counsel:
Crown Solicitor, Manukau N Tupou, Auckland

R v PATIOLE [2019] NZHC 76 [5 February 2019]

[1]Mr Patiole, you may remain seated until I ask you to stand.

[2] Mr Patiole, you appear for sentence today having entered a guilty plea on 27 November 2018 to a charge of causing grievous bodily harm with intent to cause grievous bodily harm. This is an offence pursuant to s 188(1) of the Crimes Act 1961. The maximum penalty for the offence is one of 14 years’ imprisonment.

Relevant background

[3] At about 3.00am on 12 August 2017, you were drinking with associates at a bar in Manurewa. The victim was also present, along with his family members.

[4] You were standing against a wall with an associate. The victim approached you and your associate, and held out his fist in a friendly manner, inviting you and your associate to fist bump with him. Your associate did so, but you took exception to the victim’s actions. You handed your drink to one of your friends, and without warning punched the victim in the face with your right hand. This stunned the victim and caused him to step backwards. You then kicked the victim in the groin, and punched him again in the head with your left hand. You then punched the victim again with your right hand, knocking him unconscious. The victim fell to the floor, hitting his head on the ground. You stood over the victim aggressively, notwithstanding that he was then unconscious, before your associates pulled you away. You then promptly left the bar.

[5] The victim was left bleeding profusely from his ears. He was attended to by bar patrons and then ambulance staff.

[6] The victim suffered a fractured skull and extensive bleeding on his brain. He was taken to Middlemore Hospital where he underwent a CT scan. The scan identified the following injuries:

(a)a collection of blood at the back of the head;

(b)extensive fractures to the back and lower portion of the skull bone;

(c)extensive blood between the brain and skull, as well as bleeding deep within the brain;

(d)bruising of the brain on the right-hand side;

(e)a small collection of blood on the right-hand side of the brain; and

(f)due to swelling and pressure, a shifting of the brain from the right to the left-hand side of the skull.

The victim had a tube inserted into his airway so he could be placed on a ventilator to assist with his breathing. He was taken to Auckland Hospital in critical condition, and operated on on an emergency basis. A portion of his skull was removed and he was placed in an induced coma for 10…

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 Patiole

Details

AGLC: R v Patiole [2019] NZHC 76
Case: [2019] NZHC 76
Decision Date: 5 February 2019

CaseChat Overview and Summary

In this case, Deasmond Patiole appeared before the High Court of New Zealand, Auckland Registry, for sentencing after pleading guilty to causing grievous bodily harm with intent to cause grievous bodily harm. The incident occurred on 12 August 2017, when Patiole, while drinking at a bar in Manurewa, attacked the victim without provocation. Patiole punched and kicked the victim multiple times, causing severe injuries including a fractured skull, extensive bleeding on the brain, and long-term disabilities. The victim's wife submitted a victim impact statement detailing the profound and lasting effects of Patiole's actions on the victim and their family.

The legal issues the court had to decide included determining an appropriate starting point for sentencing, assessing any aggravating and mitigating factors, and deciding on the final sentence. The court considered the gravity of the offence, the unprovoked and gratuitous nature of the violence, the severity of the victim's injuries, and Patiole's criminal history, which included previous convictions for violent offences. The court also took into account mitigating factors such as Patiole's compliance with electronically monitored bail and his relatively young age at the time of the offence.

The court decided on a starting point of six years and six months' imprisonment, placing Patiole's offence in the second band of violent offending. The court applied uplifts for Patiole's previous convictions and for offending while under a sentence of intensive supervision, and applied discounts for time spent on electronically monitored bail, his youth, and his guilty plea. The final sentence imposed was five years and six months' imprisonment, without a minimum period of imprisonment, as the Crown did not seek such an order considering Patiole's age and lack of prior prison sentences. The court encouraged Patiole to use his time in prison to engage in rehabilitative programs and turn his life around.

Orders