IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2022-419-86
[2023] NZHC 755
IN THE MATTER of an appeal against sentence BETWEEN
JARRED UNSWORTH
Appellant
AND
THE KING
Respondent
Hearing: 30 March 2023 Appearances:
T Sutcliffe for the Appellant P Noorland for the Crown
Judgment:
5 April 2023
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Wednesday, 5 April 2023 at 12:30 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors: Hamilton Legal (Office of the Crown Solicitor), Hamilton Counsel: T Sutcliffe, Barrister, Hamilton
UNSWORTH v R [2023] NZHC 755 [5 April 2023]
Introduction
[1] On 1 November 2022, Jarred Unsworth was sentenced to three years and nine months’ imprisonment at the District Court in Hamilton, having pleaded guilty to charges of aggravated burglary, wounding with intent to cause grievous bodily harm, injuring with intent to injure and common assault (x 2).1
[2] Mr Unsworth appeals his sentence on the grounds that the discounts applied for the following factors were insufficient:
(a)remorse, engagement in restorative justice and the payment of emotional harm reparation; and
(b)youth
[3]Mr Unsworth does not appeal against the starting point adopted by the Judge.
Background
[4] On 23 July 2021, Mr Unsworth’s girlfriend, Ms A W, had been socialising in town with a girlfriend before meeting up with the complainant, Mr A S, and his friend. Ms A W subsequently made serious allegations against Mr A S’s friend. Mr Unsworth learnt of the allegations and sought to retaliate.
[5] On 26 July 2021, Mr A S arranged to return Ms A W’s phone to her. When Mr A S arrived to return the phone, Mr Unsworth confronted Mr A S and chased him with a tyre iron. Mr Unsworth messaged Mr A S from Ms A W’s phone saying:
I was going to smash your head in on the side of the road just before but I seen your friend drive forward a little to get away. If any of yous had the balls you would of smashed me just before. So keep talking and making me angry. Just means you’ll be spending a long time in hospital.
[6] On 30 July 2021, Mr Unsworth travelled in a motor vehicle to various locations to pick up his co-defendants, Ms A W’s brother and two other men. Together, they drove to the complainant’s address, arriving at about 11:45 pm. Mr Unsworth’s
1 R v Unsworth [2022] NZDC 21440.
associates were armed with homemade weapons including a skill saw blade attached to a wooden handle, a knife attached to a wooden handle that was approximately one metre in length, and an axe.
[7] The four complainants, Mr A S (16), his aunt (28), his grandmother (54) and his grandfather (54) were in bed when they heard loud banging on the front door by Ms A W’s brother who stated it was the Police. Mr A S checked the door. He saw people wearing…
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- Unsworth v The King [2023] NZHC 755
- Case
- [2023] NZHC 755
- Decision Date
CaseChat Overview and Summary
The Court first examines the discount for remorse, noting Unsworth's genuine remorse demonstrated through participation in restorative justice and a $5,000 emotional harm payment. While discounts for remorse can range from 5% to 10%, the Court finds the 10% discount appropriate given the seriousness of the offence involving weapons and significant injuries. The Court then turns to the discount for youth, noting Unsworth was 23 at the time of the offence. While discounts for youth can range from 10% to 30%, the Court finds the 5% discount appropriate given Unsworth's role as the eldest and most experienced offender in a premeditated attack. The Court considers the totality of the sentence, finding the 60% discount appropriate given the gravity of the offence. The Court concludes the sentence of three years and nine months' imprisonment is not manifestly excessive.
The appeal is dismissed.
Orders
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Background
Background to the litigation
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Evidence
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