IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2022-087-000369
[2023] NZHC 124
BETWEEN MAIHI RILEY
Appellant
AND
THE KING
Respondent
Hearing: 2 February 2023 Appearances:
A McPherson for the Appellant A Maino for the Respondent
Judgment:
8 February 2023
JUDGMENT OF HARVEY J
This judgment was issued by me on 8 February 2023 at 3.30pm.
…………………………… (Deputy) Registrar
Solicitors:
McPherson Law, Taupō
Gordon Pilditch, Office of the Crown Solicitor, Rotorua
RILEY v R [2023] NZHC 124 [8 February 2023]
Introduction
[1] On 28 November 2022, Judge Hollister-Jones in the District Court at Rotorua sentenced Maihi Riley to six months’ home detention after he pleaded guilty to one charge of strangulation.1 The Judge also issued a protection order in favour of the complainant. Mr Riley appeals both the sentence of home detention and the imposition of the protection order.
Background
[2] The appellant pleaded guilty on the basis of an agreed summary of facts. This records that the appellant and the complainant recently separated after a relationship of approximately seven years. The pair have three children together under the age of six, who were present at the time of the offending.
[3] On 28 March 2022, the appellant arrived uninvited to the complainant’s address in Taupō. She asked him to leave but he was too intoxicated to drive. The complainant then retired to her bedroom. At some point the appellant followed. An argument ensued and the appellant ended up straddling the complainant and placed both of his hands around her throat. He proceeded to squeeze with enough force to prevent her from breathing for approximately 10 seconds. The complainant panicked and attempted to lash out at the appellant. The complainant’s mother then entered the bedroom and intervened.
[4] The complainant sustained redness and extreme tenderness to her throat as a result. She also had pain in her shoulder.
District Court decision
[5] The Judge identified the principal aggravating features of the offending as being the breach of trust, the complainant’s vulnerability, and the duration of the
1 R v Riley [2022] NZDC 23583. Crimes Act 1961, s 189A(b). Maximum penalty 7 years’ imprisonment.
strangulation.2 The Judge considered an appropriate starting point to be two years’ imprisonment.
[6] The Judge then applied a 10 per cent discount for previous good character, and a five per cent discount for factors identified in the pre-sentence report regarding the appellant’s background.3 The Judge went on to apply a further five per cent discount for the appellant’s rehabilitative efforts thus far, and a 20 per cent discount for his guilty plea.4 These discounts totalled 40 per cent and brought the sentence down to 14 months.
[7] The Judge lastly applied a discount of two months to reflect the time spent on restrictive bail.5 This led to an end sentence to 12 months’ imprisonment, which was commuted to a sentence of six months’ home detention.
[8]The reasons for the Judge’s decision are summarised as follows:
[18] I…
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- Riley v The King [2023] NZHC 124
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- [2023] NZHC 124
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CaseChat Overview and Summary
The court found that the appellant should not have received the full 25 per cent discount for his guilty plea. The court also found that the Judge should not have given a greater discount for previous good character or for remorse. The court was not satisfied that the sentence imposed was manifestly excessive due to the claimed discount deficiencies and that home detention was the least restrictive sentence that could have been imposed. The court found that the protection order can be cancelled if the complainant considers that it will no longer serve any useful purpose and may in fact cause practical challenges with child care arrangements. However, until then, the order should remain in place for the reasons articulated by Ms Maino. The court concluded that the appeal must accordingly be dismissed.
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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