Tuwhangai v Police

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2020-412-000036

[2020] NZHC 3428

BETWEEN

JAMES TUWHANGAI

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

16 December 2020

Appearances:

M J Scally for Appellant

C J Bernhardt for Respondent

Judgment:

18 December 2020

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 18 December 2020 at 12.15 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date  18 December 2020

Introduction

[1]                 On 17 September 2020 Judge Turner sentenced James Tuwhangai to two years’ imprisonment for strangulation, injuring with intent to injure and threatening to kill. He declined to impose home detention. The Judge also made a protection order in favour of the victim.

[2]Mr Tuwhangai initially appealed his sentence on two grounds:

TUWHANGAI v NEW ZEALAND POLICE [2020] NZHC 3428 [18 December 2020]

(a)on the basis of a cultural report under s 27 Sentencing Act 2002 that was not before the District Court for sentencing which he said warranted a reduction of his sentence of between 5–10 per cent;

(b)that his sentence of imprisonment should have been converted to one of home detention on the basis of his youth, remorse and rehabilitative prospects.

He now only pursues the second ground of appeal.

Facts

[3]                 At the time of his violent offending against his partner in January 2020,     Mr Tuwhangai was 18 years old. They had been in a relationship since mid-2019.

[4]                 On 26 January 2020 the pair were together at a family property in Waitahuna near Lawrence. Mr Tuwhangai’s father and several children under 10 were also present. At some point Mr Tuwhangai became upset while examining the victim’s phone because he discovered a photo of the victim together with another man and wrongly assumed it evidence of an intimate liaison. They began to argue.

[5]                 This sparked a verbal and physical attack on the victim over the  course of  six hours.

[6]                 Mr Tuwhangai started to yell at her and throw things about. He punched her in the face several times until she ran from him and he chased her around the property. She called out for someone to call the police. Mr Tuwhangai threw the victim’s phone on the ground, smashing it, and told her she couldn’t call anyone now.

[7]                 Mr Tuwhangai smashed a bedroom window with his hand. He then went outside to the victim’s car and threw objects at it, smashing the windscreen and front windows. He then drove away in her car.

[8]                 He returned shortly afterwards. He wrenched the steering wheel and column from the vehicle, rendering it undriveable. He told the victim she now had no vehicle

and then began to chase her around the property again. He grabbed her around the neck and she called out to Mr Tuwhangai’s father for help. Mr Tuwhangai dragged her to a bed and threw her on it, then punched her to the face and eye. He chased her again.

[9]                 Mr…