IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-154
[2019] NZHC 1983
BETWEEN CHARLIE THOMPSON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 22 July 2019 Counsel:
N Soondram for Appellant
S T L Teppett for Respondent
Judgment:
14 August 2019
JUDGMENT OF BREWER J
This judgment was delivered by me on 14 August 2019 at 3:00 pm Registrar/Deputy Registrar
Solicitors:
Meredith Connell (Auckland) for Respondent
Counsel:
Nalini Soondram (Auckland) for Appellant
THOMPSON v POLICE [2019] NZHC 1983 [14 August 2019]
Introduction
[1] Mr Thompson appeals his sentence of three years and nine months’ imprisonment imposed by Judge Ronayne.1 The sentence was the end point reached by the Judge in respect of violent offending by Mr Thompson against his former partner. The offending occurred over a period of eight months on four separate occasions.
[2]The grounds of the appeal are that:
(a)the Judge erred in law by imposing sentences cumulatively instead of concurrently; and
(b)the end sentence was manifestly excessive.
[3] The first ground of appeal is misconceived. The maximum sentence for the most serious of the charges is three years’ imprisonment. To achieve an end sentence above three years’ imprisonment the Judge had no choice but to impose sentences cumulatively.
[4] The second ground of appeal is the operative one. If the end sentence is manifestly excessive then that is an error which means I must allow the appeal and impose a different sentence.
Background
[5]The facts of Mr Thompson’s offending are as follows:
(a)15 December 2017 – male assaults female.2 During an argument at the Glen Innes train station Mr Thompson shoved, pushed, and yelled at the victim to walk faster. She became frightened and tried to grab a steel railing while Mr Thompson tried to pull her from it. She let go of the railing for fear her arms would break and he forcibly carried her
1 New Zealand Police v Thompson [2019] NZDC 3625.
2 Crimes Act 1961, s 194(b). Maximum sentence two years’ imprisonment.
down the footpath. When she managed to break free he grabbed her, and again pulled her off the railing. When she attempted to call the police, Mr Thompson struck the phone from her hand causing it to smash. The victim sustained minor scratches and red marks to her arms, which were sore.
Mr Thompson was granted bail in respect of this charge on 26 December 2017, with a condition that he was not to associate with the victim. He pleaded guilty to the charge on 30 January 2018.
(b)8 January 2018 – assault with intent to injure.3 Mr Thompson went to the victim’s home in breach of the non-association bail condition. When she told him he could not stay an argument broke out. The victim attempted to leave the room, but Mr Thompson grabbed her and wrapped her in a bear hug. She called for help and Mr Thompson wrapped his hands around her neck and choked her.…
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