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ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPELLANT PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2019-441-000040
[2019] NZHC 3375
BETWEEN T
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 17 December 2019 Appearances:
W R Hawkins for the Appellant L M Marshall for the Respondent
Judgment:
18 December 2019
JUDGMENT OF DOOGUE J
Introduction
[1] On 20 September 2019, the appellant, Mr T, appeared for sentence before Judge Sygrove in the District Court at Hastings, having pleaded guilty to one charge of strangulation,1 one charge of assault with intent to injure,2 two charges of breaching release conditions3 and one charge of intimidation.4 Mr T was sentenced to three years’ imprisonment.5
1 Crimes Act 1961, s 189A(b); maximum penalty seven years’ imprisonment.
2 Section 193; maximum penalty three years’ imprisonment.
3 Sentencing Act 2002, s 96(1); maximum penalty one year’s imprisonment or a fine not exceeding
$2,000.
4 Summary Offences Act 1981, s 21(1)(a); maximum penalty three months’ imprisonment or a fine not exceeding $2,000.
5 Police v T [2019] NZDC 18953.
T v NEW ZEALAND POLICE [2019] NZHC 3375 [18 December 2019]
[2] Mr T appeals his sentence on the basis it was manifestly excessive, a contention opposed by the Crown.
Background
[3] The charges to which Mr T pleaded guilty occurred at two separate points in time: on 6 November 2018 and 3 January 2019.
Breach of release conditions
[4] On 22 August 2018, Mr T was released from Hawke’s Bay Regional Prison after having been sentenced to six months’ imprisonment on 18 July 2018 for a number of property-related offences. He was subject to special release conditions for nine months and three days, one of which was to not move to a new residential address without the prior approval of a probation officer. Mr T signed a document acknowledging he understood these conditions.
[5] On 6 November 2018, Mr T’s probation officer unsuccessfully attempted to contact him several times. A home visit was conducted. The unit where Mr T was supposed to be residing was empty. This gave rise to the charges of breaching release conditions.
The other charges
[6] At around 5:30 a.m. on 3 January 2019, Mr T and the victim were at an address in Camberley, Hastings. At that stage, the pair had been in a nine-year relationship. They have two children together.
[7] The victim got up to take her dogs for a walk. The victim returned an hour later and found that Mr T had been using drugs, namely synthetic cannabis. The victim had recently decided to stop using synthetic cannabis.
[8] Upon finding Mr T in this situation, the victim became upset and asked him to leave. The victim’s flatmate told the victim to leave the address in order to calm down. She did so, going to a nearby…
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