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Welsh v Police

Welsh v Police

Case [2024] NZHC 3455 19 November 2024

Sentencing

Aggravated & Exemplary Damages

Unconscionable Conduct

Jurisdiction

Causation

Personal Mitigating Factors

Criminal Law

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IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2024-412-58

[2024] NZHC 3455

BETWEEN
CAMERON ANDREW WELSH

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 12 November 2024

Appearances:

S A Saunderson-Warner for Appellant P A Norman for Respondent

Judgment:

19 November 2024

JUDGMENT OF MANDER J

This judgment was delivered by me on 19 November 2024 at 4 pm pursuant to Rule 11.5 of the High Court Rules 2016

Registrar/Deputy Registrar Date: .

WELSH v POLICE [2024] NZHC 3455 [19 November 2024]

Introduction

[1] Cameron Welsh was sentenced in the Dunedin District Court to three years and nine months’ imprisonment1 for one charge of injuring with intent to injure,2 one charge of strangulation3 and five charges of assault with intent to injure.4 Mr Welsh seeks to appeal that sentence on the basis it was manifestly excessive. He alleges an excessive starting point was adopted for the injuring with intent to injure and strangulation offences and that the sentencing Judge gave insufficient credit for personal mitigating factors.

[2] Notice of the appeal was filed out of time as a result of an error made by Mr Welsh’s previous counsel. However, the appeal was filed promptly after the error was realised and the Crown does not oppose an extension of time. In the circumstances, leave is granted.5

Facts of offending

[3] In early October 2023, an argument took place between Mr Welsh and his partner which resulted in him punching her multiple times in the stomach and face with extreme force. The victim suffered a black eye and suspected cracked ribs. Later that afternoon, Mr Welsh attempted to initiate sex with the victim. When she declined, Mr Welsh climbed on top of her and gripped her throat firmly for between one and two minutes. This was done with sufficient force to cause her to lose consciousness for some 10–15 seconds.

[4] Between 7 and 24 December 2023, Mr Welsh assaulted the victim on five further occasions. The Judge summarised the offending as follows:6

(a)First, following a dispute you punched your partner, the victim, with a closed fist in the head. The force made her head hit the fridge causing her to lose consciousness.

1      Police v Welsh [2024] NZDC 20636.
2      Crimes Act 1961, s 189(2)—maximum penalty five years’ imprisonment.
3      Section 189A—maximum penalty seven years’ imprisonment.
4      Section 193—maximum penalty three years’ imprisonment.
5      Criminal Procedure Act 2011, s 248(4)(a).
6      Police v Welsh, above n 1, at [5].

(b)Second, for unknown reasons you punched your partner, the victim, with one closed fist. This rendered her unconscious and she landed on the floor.

(c)Third, you headbutted the victim, your partner, due to the police attending and speaking to her about a prior episode.

(d)Fourth, you punched the victim, your partner, in the face with a closed fist then threw a milk bottle at her from a close distance. It struck her in the face. As you exited the house, you squashed the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Welsh v Police

Details

AGLC: Welsh v Police [2024] NZHC 3455
Case: [2024] NZHC 3455
Decision Date: 19 November 2024

CaseChat Overview and Summary

In the case of Welsh v Police, Cameron Welsh appealed against his sentence of three years and nine months' imprisonment for charges including injuring with intent, strangulation, and multiple assaults. The appeal argued that the starting point for the sentence was excessively high and that insufficient credit was given for personal mitigating factors. The Crown opposed the appeal, arguing the sentence was within the range available to the Judge. The High Court found that while there may have been some errors in the calculation of the starting point and the application of personal mitigating factors, these did not result in a final sentence that was manifestly excessive. The appeal was dismissed.

Orders