| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA78/2011 [2011] NZCA 351 |
| BETWEEN TYRONE RAUTAHI |
| AND THE QUEEN |
| Hearing: 27 June 2011 |
| Court: Wild, Rodney Hansen and MacKenzie JJ |
| Counsel: Appellant by written submissions |
| Judgment: 28 July 2011 at 2.15 pm |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by MacKenzie J)
Introduction
The appellant appeals against a sentence of six years imprisonment imposed by Judge MacAskill in the District Court at Invercargill following his conviction at trial on two counts of threatening to kill and one count of wounding with intent to cause grievous bodily harm. The appellant initially appealed against both conviction and sentence. He advised by letter that he wished to drop his appeal against conviction. Notice of abandonment was received on 26 May 2011. The appellant also confirmed that he did not wish to attend Court when the appeal was heard, and would rely on his written submissions.
Facts
The charges arose from two incidents, on 8 May and 5 June 2009. The victim was the appellant’s wife, whom he was separated from but staying overnight with on 8 May. At about 2am the victim received a text message on her mobile phone. The appellant reacted in an agitated manner and the victim told him to leave the property. He went to the kitchen and got a small handled axe. He began smashing furniture in the lounge. He pushed and punched the victim and verbally abused her. The victim’s eight year old daughter saw her father with the axe from where she sat alone and crying in her bedroom. The incident continued for about an hour and a half until the appellant demanded that the victim drive him to his home, which she did, leaving her eight year old daughter home alone. In the car the appellant smashed her cellphone and told her never to contact him again.
On Friday 5 June the victim was at home with her teenage son and two of his friends when the appellant came and knocked at the front door. When she answered it she found him agitated and angry and yelling at her. He grabbed her by the arm and urged her into the master bedroom. He then went to the lounge and yelled at the son and friends. There was a verbal confrontation between the appellant and his son which stopped when the victim intervened. The son left the property, and when the victim’s eight year old daughter and friend arrived the victim sent them away. The appellant remained at the house with the victim. He repeatedly punched her about the head using both fists, continuing to punch after she had fallen to the floor. He picked up a piece of firewood and ran towards the victim threatening to kill her. He hit her with the firewood several times, causing open wounds to her head and fingers. The victim called an ambulance and her parents…
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- AGLC
- Rautahi v R [2011] NZCA 351
- Case
- [2011] NZCA 351
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered the cases cited by Rautahi and found that the starting point for the sentence was within the appropriate range. The Judge had correctly identified that the offending fell within band 2 of Taueki and adopted a starting point of five and a half years, which was within the range of five to ten years for such cases. The Court of Appeal also found no evidence of bias in the Judge's consideration of the victim's injuries and statements. The uplift for previous convictions was deemed appropriate, as the Judge balanced the need to consider Rautahi's character with the need to avoid punishing him again for past offences.
The appeal was dismissed, and the sentence of six years imprisonment was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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