IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY
CRI-2016-483-3 [2016] NZHC 758
BETWEEN ANTHONY LOUIS TE HUIA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 20 April 2016 Counsel:
S J Burlace for D M Goodlet for Appellant
N A Refoy-Butler for RespondentJudgment:
21 April 2016
JUDGMENT OF ELLIS J
I direct that the delivery time of this judgment is
3.30 pm on the 21st day of April 2016
TE HUIA v NEW ZEALAND POLICE [2016] NZHC 758 [21 April 2016]
[1] Mr Te Huia appeals his sentence of 21 months’ imprisonment for:1
(a) two charges of male assaults female (maximum penalty two years’
imprisonment);
(b)one charge of assault with intent to injure (maximum penalty three years’ imprisonment); and
(c) one charge of failing to answer bail (maximum penalty three months’
imprisonment).
[2] Mr Te Huia pleaded guilty to these charges.
The facts
The male assaults female charges
[3] On 8 March 2015 Mr Te Huia was at his home with his partner, mother, sister and son. He got into an argument with his partner. His mother intervened by getting between them. Mr Te Huia grabbed his mother’s arm and held it behind her back, while using his other arm to hold her across the chest. After letting her go he grabbed his partner by her feet to try to drag her out from behind his mother. He then grabbed his mother, pulled her backwards, threw her to the ground and pinned her down.
[4] Mr Te Huia’s sister entered the room and attempted to pull him off their mother. He punched his sister, grazing her lip, and then threw her on the couch. He was shouting and swearing throughout. He stopped and attempted to leave. His mother tried to get to his car first, to remove his keys. He pushed past her, grabbed the keys and left shortly afterwards.
The assault with intent to injure charge
[5] On 17 July 2015, while on bail for the assaults on his family members, Mr Te Huia was on a bus when he was asked by a bus driver to turn off the music he
1 New Zealand Police v Te Huia [2016] NZDC 3486.
was playing loudly on his phone. The driver refused to drive the bus until the music had stopped. Mr Te Huia verbally abused the driver and once the bus had arrived at the next bus stop he challenged the driver to a fight and attacked him while he was still seated. Mr Te Huia punched the driver in the head using both fists approximately 10 times. The driver was pinned in his seat and unable to escape or defend himself. Mr Te Huia was pulled off the bus driver and removed from the bus, while continuing to verbally abuse the driver. He was difficult to control when police arrived. The bus driver suffered a bleeding nose and sore head.
Failing to answer bail
[6] Mr Te Huia failed to appear in the Rotorua Court on 24…
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- Case
- [2016] NZHC 758
- Decision Date
CaseChat Overview and Summary
The legal issues in the appeal were whether the Judge erred in the starting point for the lead offence, whether the Judge erred in not discounting for the restorative justice process, and whether the totality was not correctly considered. The High Court found that the starting point for the lead offence was not erroneous, as the 18-month starting point for the assault with intent to injure charge was within range. The Court also found that the restorative justice process did not warrant a reduction in the sentence, as it only involved one of the victims (not Mr Te Huia's sister) and that even if a one-month reduction were appropriately given, the effect on the end sentence would be no more than tinkering. Finally, the Court found that the totality was correctly considered, as the 21-month end sentence was not manifestly excessive, given the aggravating factors and the need for a strong deterrent message.
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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