IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2014-419-000039 [2015] NZHC 187
BETWEEN DANIEL TEONE TAIRI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 3 February 2015 Counsel:
G D Prentice for the Appellant
J E Tarrant for the RespondentJudgment:
17 February 2015
JUDGMENT OF DUFFY J [re Appeal Against Sentence]
This judgment was delivered by Justice Duffy on 17 February 2015 at 4.30 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Solicitors: Public Defence Service (Ministry of Justice), Hamilton
Almao Douch, Hamilton
TAIRI v POLICE [2015] NZHC 187 [17 February 2015]
[1] Mr Tairi appeals against a cumulative sentence of imprisonment of two years and eight months. The appeal is opposed.
[2] Mr Tairi faced two charges of assaulting his partner with intent to injure. For those offences, he accepted a sentence indication of 11 months’ imprisonment from Judge M L S Burnett and pleaded guilty to those charges. While on bail pending sentence, he committed further offences: (a) burglary of a dwelling-house; and (b) driving whilst suspended third or subsequent offence. He pleaded guilty to those offences as well.
[3] At sentencing, Judge Burnett imposed the sentence of 11 months’ imprisonment for the assault with intent to injure charges. For the burglary charges, she imposed an additional cumulative sentence of 21 months’ imprisonment. This sentence was reached by Judge Burnett adopting a starting point of 16 months’ imprisonment, which she then uplifted by 12 months to take account of aggravating factors relating to Mr Tairi. After allowance was made for his early guilty plea, the burglary sentence was reduced to 21 months. Regarding the offence of driving whilst suspended, third or subsequent offence, he received a sentence of two weeks’ imprisonment, which ran concurrently with the burglary sentence. Both offences were committed on the same date, and the Judge was of the view that Mr Tairi had driven unlawfully to get to and from the house that he burgled.
[4] Mr Tairi makes no complaint regarding the 11 months’ imprisonment that he received for the assault with intent to injure offences, or the sentence for the driving offence. Regarding the sentence for the burglary offence, he makes two complaints. First, he contends that the uplift imposed for his personal aggravating factors was excessive and has led to a material error in the sentencing, with the result that the sentence is manifestly excessive. Secondly, he contends that the imposition of cumulative sentences has resulted in a sentence wholly out of proportion to the overall gravity of offending and, therefore, contrary to the “totality” principle.
Factual background
Assault with intent to injure offences
[5] At about 10.30 am on 25 April 2014, Mr Tairi arrived at the house where he lived with his partner of 10 years and their four children. Mr Tairi grabbed his partner (the victim) and dragged her into the house and up the stairs. He then threw the victim onto the bed and punched her several times in the…
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- Case
- [2015] NZHC 187
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