Tuhou v Police

[2024] NZHC 1079

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2024-409-36

[2024] NZHC 1079

BETWEEN

THOMAS HOANI TUHOU

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	2 May 2024
Appearances:	E Huda and S-C Kim for Appellant W J S Mohammed for Respondent
Judgment:	3 May 2024

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 3 May 2024 at 2.45 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

TUHOU v NEW ZEALAND POLICE [2024] NZHC 1079 [3 May 2024]

Introduction

[1]    The appellant, Thomas Tuhou, pleaded guilty to two charges of strangulation, one charge of threatening to kill and one charge of assault on a person in a family relationship. He was sentenced to a term of two years and three months’ imprisonment by Judge B P Callaghan.1

[2]    Mr Tuhou appeals his sentence. He contends that the starting point was too high and credit should have been given for his personal background, specifically his addiction to alcohol and methamphetamine. He says the combination of these errors led to a manifestly excessive sentence.2

The facts

[3]    The victim  is  Mr  Tuhou’s  current  partner.  During  an  argument,  when Mr Tuhou was heavily intoxicated, he grabbed the victim around the neck with     two hands and lifted her off the ground and threw her onto the bed. The victim stood back up, and he grabbed her again and pushed her back onto the bed. This occurred around four times.

[4]    The victim then got off the bed and went across the hallway to the toilet. The defendant followed the victim and kicked the door open before she could close it. He grabbed her around the front of the neck with two hands and pushed her up against the wall. He lifted her up so both her feet were off the ground and began shaking her around. She urinated herself while he was holding her off the ground. This lasted for around 10 seconds before he released her.

[5]    The defendant then followed the victim into the lounge and grabbed her by the back of the neck with two hands and threw her on the couch. He was on top of the victim on the couch before they both fell off and onto the floor. While on top of the victim, he again grabbed her throat with both hands and squeezed. She was unable to breath and attempted to scratch the defendant in the face to get him to let go of her.

1      Police v Tuhou [2023] NZDC 14201.

2      Criminal Procedure Act 2011, s 250.

He told the victim that he was going to kill her while he was holding her throat. The victim again urinated herself.

[6]    The defendant let go of the victim and she went to the open window and yelled for help. He closed the window and she managed to get to the front door and out into the driveway. He followed her into…