R v Warwood - [2023] NZHC 1065

ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF

WITNESS/VICTIM/CONNECTED PERSON(S) PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2021-076-000105

[2023] NZHC 1065

THE KING

v

BRENDON LESLIE WARWOOD

Hearing: 5 May 2023

Appearances:

S M H McManus for Crown T J Jackson for Defendant

Sentencing:

5 May 2023

SENTENCING NOTES OF OSBORNE J

[1]Mr Warwood, I am going to ask you to stand initially, please.

[2] Brendon Leslie Warwood you appear for sentence in relation to the following charges to which you pleaded guilty on 8 November 2022:

(a)male assaults female (a representative charge);1

1 Crimes Act 1961, s 194(b) - maximum penalty of two years’ imprisonment.

R v WARWOOD [2023] NZHC 1065 [5 May 2023]

(b)three charges of sexual violation by unlawful sexual connection (one of which is a representative charge);2

(c)two charges of strangulation;3

(d)two charges of threatening to kill;4

(e)indecent assault;5

(f)sexual violation by rape;6 and

(g)intentional damage.7

[3] You committed the crimes in the 11-month period from March 2020 to January 2021.

[4] I am shortly going to ask you again to be seated while I explain the decision I am reaching. My explanation will take some time and I will indicate to you towards the end when you will need to stand again.

[5]Please be seated now.

The offending

[6]You have agreed with the summary of facts to which I will now refer.

[7] In around March 2020 you, Mr Warwood, began a relationship with the victim who I will refer to as “K” in my judgment. This relationship ended on 21 January 2021, with the offending that I will come to, and was incredibly abusive and depraved. The abuse was both physical and psychological.

2      S 128(1)(b) and 128B - maximum penalty of 20 years’ imprisonment.
3      S 189A(b) - maximum penalty of seven years’ imprisonment.
4      S 306 - maximum penalty of seven years’ imprisonment.
5      S 135 - maximum penalty of seven years’ imprisonment.
6      S 128(1)(a) and 128B - maximum penalty of 20 years’ imprisonment.
7      S 269 - maximum penalty of seven years’ imprisonment.

[8]You have pleaded guilty to 11 charges. I will briefly summarise each in turn.

[9] The first charge of male assaults female (a representative charge) covers the period from 1 March 2020 to 17 January 2021. You subjected K to physical and mental abuse throughout the course of your relationship. Typically, the physical abuse was punches to K’s chest or ribs, accompanied by your telling her that she deserved the assaults. On one occasion, you and K were at home. You became angry, you smashed K’s lunch plate and punched K in the eye. You stopped when a friend pulled you off
K. On a later occasion you were at a friend’s house with K and others, socialising. Following some tension, K left the room. You entered that room and punched K in the…

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 Warwood

Details

AGLC: R v Warwood [2023] NZHC 1065
Case: [2023] NZHC 1065
Decision Date: 5 May 2023

CaseChat Overview and Summary

The High Court of New Zealand heard the case of R v Warwood, where Brendon Leslie Warwood was sentenced for multiple charges of serious sexual and physical offences committed against his partner, K, and her children over an 11-month period. The court had to decide on the appropriate starting point for the sentence, taking into account the totality of the offending, and the impact of various aggravating and mitigating factors. After considering the severity of the crimes, including extreme violence, harm to the victim, and the involvement of children, the court found a starting point of 17 years and six months' imprisonment. This was then adjusted for various mitigating factors such as the defendant's guilty pleas and personal background, resulting in a final sentence of 13 years and four months' imprisonment, with a non-parole period of seven years and seven months. The court imposed concurrent sentences on each charge, ensuring that the total length of the sentence remained at 13 years and four months.

Orders