IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-404-000132 [2013] NZHC 1270
BETWEEN NATHAN WYND Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 27 May 2013
Counsel: N Manning for Appellant
LM Mills for Respondent
Judgment: 31 May 2013
JUDGMENT OF ASHER J
This judgment was delivered by me on Friday, 31 May 2013 at 11am pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Counsel/Solicitors:
Public Defence Service, Auckland. Crown Solicitor, Auckland.
WYND v NZ POLICE [2013] NZHC 1270 [31 May 2013]
Introduction
[1] At 5.30 am on 4 June 2012, the appellant Mr Wynd attacked a workmate by kicking him and punching him with his fists, and rubbing an empty beer bottle in his face. The attack caused serious injuries. He was charged with wounding with intent to injure1 and pleaded guilty.
[2] On 4 April 2013, Judge Dawson sentenced him to two years’ imprisonment at the District Court at Auckland.2 He appeals that sentence. The essential submission on his behalf is that the least restrictive outcome in all the circumstances would have been home detention, and that this is the sentence that should have been imposed.
[3] At the time of the offending Mr Wynd was aged 22 and working as a chef. The victim was a workmate. On the night in question, the victim and Mr Wynd along with other work colleagues had gone to a bar in Galway Street in the central city. The victim had an unremarkable exchange with a female at the bar. Mr Wynd took exception to this exchange and became very angry with the victim. The victim was aware of this and waited in the toilets for some time before then attempting to go home.
[4] Mr Wynd has training in martial arts and kickboxing. When the victim went outside Mr Wynd, who had been waiting, attacked the victim with a kick to the head that knocked him off his feet. As the victim lay curled up on the ground, he proceeded to punch him several times about the face and head. He took hold of an empty beer bottle and rubbed it in the victim’s face.
[5] The attack on the victim was interrupted by a passing Police patrol. Officers at the scene noted blood on Mr Wynd’s shoes, sweater, bag and hands. There was a blood-stained beer bottle nearby.
[6] Photographs on the file show severe injuries to the victim. He was knocked unconscious, suffered a severe wound to the scalp that required seven stitches, had
swelling on both sides of the face, a swollen and closed right eye, pain and
1 Crimes Act 1961, s 188(2).
2 R v Wynd DC Auckland CRI-2012-005-014937, 4 April 2013.
discomfort to his left cheek, and grazing about his head and face. He was admitted to hospital and spent six days off work.
The decision
[7] The Judge considered the violence inflicted to have been at a high level. He found the photographs of the victim and his injuries to be…
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CaseChat Overview and Summary
The High Court considered the appropriate sentence for Nathan Wynd, who attacked a workmate with a kick, punches, and an empty beer bottle, causing serious injuries. Wynd pleaded guilty and was sentenced to two years’ imprisonment. The Court found the starting point appropriate and the deductions for personal factors adequate. The Court emphasised the need for denunciation and deterrence due to the serious nature of the offending. The Court concluded that home detention would not be an appropriate sentence, and dismissed the appeal.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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