IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE
CRI-2024-483-11
[2024] NZHC 3490
BETWEEN SOLICITOR-GENERAL
Appellant
AND
KEVIN JOHN CROSS
Respondent
Hearing: 19 November 2024 Counsel:
S C Baker and T Zhang for Appellant D M Goodlet for Respondent
Judgment:
21 November 2024
JUDGMENT OF RADICH J
[1] Kevin Cross pleaded guilty to a charge of causing grievous bodily harm with intent to do so,1 and a charge of reckless driving causing injury.2 He was sentenced in the District Court at Taihape to 12 months’ home detention on 26 August 2024.3
[2] The Crown brings an appeal from the sentencing decision on the grounds that a full custodial term was the least restrictive outcome available given the nature and circumstances of the offending. It says that the starting point was inadequate, the discounts applied were excessive, and the end sentence of home detention is manifestly inadequate.
1 Crimes Act 1961, s 188(1) — maximum penalty 14 years’ imprisonment.
2 Land Transport Act 1998, s 36(1)(a) — maximum penalty five years’ imprisonment, or $20,000 fine; and mandatory disqualification from holding or obtaining a driver licence for 1 year or more.
3 R v Cross [2024] NZDC 20911 [sentencing notes].
SOLICITOR-GENERAL v CROSS [2024] NZHC 3490 [21 November 2024]
Background
Summary of the offending
[3] Mr Cross and the victim both lived and worked on farms in Rangiwahia. They were known to each other within that community.
[4] On 1 May 2024, Mr Cross was driving his vehicle on the same road as the victim. They passed each other, travelling in opposite directions. Mr Cross slowed his vehicle and performed a U-turn, so that he was travelling in the same direction as the victim.
[5] Concerned about Mr Cross’s possible actions, the victim pulled into a driveway of one of his paddocks. He got out of his vehicle and opened the gate so that he could drive into the paddock. As the victim was getting back into his vehicle, Mr Cross drove into the back of the victim’s vehicle at speed. The collision caused the victim’s head to hit the windscreen. And it caused substantial damage to the front of Mr Cross’s own vehicle, including to the bull bar. This conduct gave rise to the charge of reckless driving causing injury.
[6] While the victim was lying on the ground, after having been struck by the vehicle, Mr Cross approached him carrying an object believed to be a wooden post or pipe. Mr Cross struck the victim a number of times to his face and head using the object, and left him lying face down in a stream. Mr Cross then drove back to his farm and parked his vehicle in a shed that was not visible from the road. This conduct gave rise to the charge of causing grievous bodily harm with intent.
[7] The victim sustained fractures to his left femur, right forearm, and left eye socket, and he sustained three deep…
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