IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2019-416-4
[2019] NZHC 762
BETWEEN TALON TE PUNI
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing via AVL: 9 April 2019 Counsel:
M Mitchell for Appellant N Wright for Respondent
Judgment:
9 April 2019
ORAL JUDGMENT OF CHURCHMAN J
Introduction
[1] Mr Te Puni appeals against the sentence of 13½ months’ imprisonment imposed by Judge Cathcart in the Gisborne District Court on 28 February 2019.1 Mr Te Puni’s sentence was imposed on one charge of injuring with intent to injure.2
[2] Counsel for Mr Te Puni, Mrs Wright, submits that the sentence should be quashed, and a sentence of home detention be imposed, if Mr Te Puni is able to provide a suitable address.
1 New Zealand Police v Te Puni [2019] NZDC 3842. He was also sentenced to one month imprisonment on one charge of breaching bail, to be served concurrently.
2 Crimes Act 1961, s 189(2) [maximum penalty of five years’ imprisonment].
TE PUNI v NEW ZEALAND POLICE [2019] NZHC 762 [9 April 2019]
Factual background
[3] On 2 June 2018, the victim, Mr Crawford, was socialising with friends at an address not far from where Mr Te Puni was celebrating his cousin’s birthday. Mr Crawford and Mr Te Puni did not know each other. At approximately 8pm, Mr Crawford decided to walk to another friend’s house a few streets away. He crossed paths with two young men standing outside a party; one of these men was Mr Te Puni. Mr Te Puni yelled out to Mr Crawford, and he stopped to speak with the young men in the middle of the intersection on the road.
[4] As Mr Crawford stood there talking to Mr Te Puni and his associate, Mr Te Puni, without warning, using his entire body weight, punched Mr Crawford in the face. It was described as a “king-hit” and has been accepted by Mrs Wright as being appropriately so described.
[5] Mr Crawford was hit so hard that witnesses described him as falling straight backwards with his arms at his sides onto the road. As he hit the ground, he lay there not moving and began making noises described by the witnesses as snoring sounds. Blood began coming from his nose and ears; he was unconscious.
[6] Although it has been asserted by Mrs Wright that there is a possible reconciliation between the contents of the summary of fact which records that after hitting Mr Crawford, Mr Te Puni stopped and put him in the recovery position, and the alternative evidence that was before the Court in the summary of fact that he simply walked away, this Court is bound by the summary of fact. It does not appear that there was any challenge to that summary of fact in the Court, and it clearly says that after the assault Mr Te Puni went back to the party and it was the passers-by who came to the assistance…
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- [2019] NZHC 762
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