IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
CRI-2014-443-032 [2014] NZHC 3360
DARRYL HOTU TAKEREI
v
NEW ZEALAND POLICE
Hearing: 16 December 2014 Appearances:
B Sweetman for the Crown
J Woodcock for the CrownJudgment:
16 December 2014
JUDGMENT OF THOMAS J
Solicitors:
C&M Legal, New Plymouth.
Counsel:
J Woodcock, New Plymouth.
TAKEREI v NEW ZEALAND POLICE [2014] NZHC 3360 [16 December 2014]
Introduction
[1] On 11 November 2014 Mr Darryl Takerei was sentenced at the New Plymouth District Court to two years’ imprisonment on one charge of injuring with intent to injure and a concurrent sentence of one year’s imprisonment for assault with intent to injure. Mr Takerei was also convicted and discharged for one count of carelessly using a motor vehicle causing injury.
[2] Mr Takerei appeals against his sentence of imprisonment as being manifestly excessive. He submits that home detention was an appropriate sentence.
Background facts
[3] On 28 September 2014 at 1.35 am, Mr Takerei and another were drinking in bars in town. Mr Takerei made a comment to one victim about a tattoo. A verbal altercation followed. In an attempt to prevent a fight, the victim of the injuring with intent to injure, Mr Larsen, stood between Mr Takerei and the victim of the assault with intent to injure, Mr Stewart.
[4] Mr Takerei delivered two punches, both of which connected with Mr Larsen’s face and jaw. Mr Larsen was rendered unconscious and fell backward onto the pavement. He was unconscious before he hit the ground and had no opportunity to break his fall.
[5] Mr Takerei then threw punches at Mr Stewart. A struggle occurred and Mr Takerei and Mr Stewart ended up on the ground. Mr Takerei’s associate joined in the attack.
[6] Mr Takerei got to his feet and kicked Mr Stewart in the head and face, before continuing to throw punches. Mr Stewart got to his feet and was pushed back to the ground. Mr Takerei walked off with his associate and they high fived one another.
[7] Mr Larsen was unconscious for five minutes. He was taken to hospital, where he underwent a CT scan. He did not sustain a brain injury.
District Court sentencing
[8] The Judge canvassed the pre-sentence report, which recommends a sentence of community detention, community work and reparation. The Judge considered that Mr Takarei had a real problem with alcohol, that he presented as remorseful and had made an offer of reparation.
[9] The Judge considered that it was to Mr Takarei’s credit that he had been employed by a business and worked in New Plymouth for a number of years. He noted that the report writer mentioned that community detention would enable him to retain his employment.
[10] The Judge then considered the victim impact statements, and noted that one victim had to take time off work and that the offending had precipitated a relapse of his depression. The second victim did not suffer any injuries except for a minor graze.
[11]…
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