IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2020-463-000156
[2021] NZHC 346
BETWEEN SAM TROY STANSBURY
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 17 February 2021 Appearances:
C A Gentleman for Appellant J M Sutton for Respondent
Judgment:
2 March 2021
JUDGMENT OF PAUL DAVISON J
This judgment was delivered by me on 2 March 2021 at 3:00 pm
Registrar/Deputy Registrar
Solicitors:
Crown Solicitor, Tauranga
STANSBURY v POLICE [2021] NZHC 346 [2 March 2021]
[1] Sam Troy Stansbury (the appellant), aged 28, appeals against the sentence imposed on him by Judge P G Mabey QC1 on 2 December 2020 of 22 months’ imprisonment with six months of prison release conditions. The Judge ordered him to pay reparation of $950, and disqualified him from driving a motor vehicle for a period of six months in relation to three charges of breaching a protection order;2 assault in a family relationship;3 burglary;4 causing a vehicle to undergo sustained los of traction5 and failing to stop when being pursued by police.6 The appellant had previously entered pleas of guilty to each of the charges The grounds of appeal are that the sentence imposed was manifestly excessive and the Judge erred by failing to allow discounts for remorse, and personal circumstances outlined in a s 27 cultural report. It is further alleged that there was an error in one of the charges which was not correctly amended.
Background
[2] The following factual background is drawn from the police summaries of facts on which the appellant entered his guilty pleas.
Assault on a person in a family relationship and contravenes protection order
[3] The defendant and the first victim [“A”] were previously in a relationship for four years. They have two young children and now live in separate towns. After eight prior reported family harm incidents involving the appellant and A, on 24 March 2011 the Ōpōtiki District Court issued a final protection order against the appellant.
[4] On 1 March 2020 A was at her home address with her two children. In the early afternoon the appellant telephoned her saying that he would be visiting shortly. He arrived soon afterwards. The appellant and A spent time drinking and talking before the appellant became increasingly agitated over matters arising in the course of their conversation. At approximately 4.30pm the appellant’s mother arrived at the address and was greeted outside the property by A. This angered the appellant and he
1 Police v Stansbury [2020] NZDC 25301.
2 Family Violence Act 2018, ss 9(a), 90 and 112(1)(a). Maximum penalty: 3 years’ imprisonment.
3 Crimes Act 1961, s 194A. Maximum penalty: 2 years’ imprisonment.
4 Section 231. Maximum penalty: 3 months’ imprisonment.
5 Land Transport Act 1998, s 36A(1)(c). Maximum penalty: 3 months’ imprisonment, fine $4,500.
6 Land Transport Act 1998, s 52A. Maximum penalty: 10 years’ imprisonment.
verbally abused A. A was scared by the appellant’s behaviour and returned into the house telling the appellant to leave.…
Keep reading for free
Create a free CaseChat account to read Stansbury v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2021] NZHC 346
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.