Welsh v Police

Case [2024] NZHC 3455


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…

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Welsh v Police [2024] NZHC 3455
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[2024] NZHC 3455
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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.

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