Police v Church-Davis [2016] NZDC 9457 (24 May 2016)

Last Updated: 7 November 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT DUNEDIN

CRI-2015-012-002306 [2016] NZDC 9457

NEW ZEALAND POLICE

Prosecutor

v

KRONN MARJEL CHURCH-DAVIS

_Defendant

Hearing:	24 May 2016
Appearances:	T R Hambleton and S J Sluis for the Prosecutor J T Takas for the Defendant
Judgment:	24 May 2016

_{NOTES OF JUDGE K J PHILLIPS ON SENTENCING}

[1] Mr Church-Davis, it was interesting to read your letter, thank you for writing to me. You are the classic example of a person who has been brought up in a violent household as a child, and the sins of the parents being visited on the children insofar that as a result of your upbringing you are perpetuating domestic violence. You are going to prison in relation to domestic violence incidents that occurred in September of last year, today, for a lengthy period of time.

[2] You are facing charges of three threats to kill; an assault with a weapon (which are all relating to the same time); two assaults; a male assaults female and driving while suspended. Wilful damage as well.

[3] You are a person to whom I gave a sentencing indication on 19 January. I indicated to you at that time that there would be a sentence of two years and three months. You did not accept that indication when it was given. Two months

later I was advised that you wished to accept it, and you were asking as to what credit you would get for the guilty plea at that time, which was extremely late. I indicated 10 percent rather than the 20 percent allowed in January. You then pleaded guilty.

[4] I have had the comments I made on 19 January typed. They will be sent with the sentencing remarks to the prison that you will be sent to. I called for a pre-sentence report.

[5] I noted in giving the indication that you had prior convictions, but not for matters involving violence – 13 convictions for dishonesty. You have been sent to prison for lengthy periods of time for that dishonesty. You have breached community-based sentences. I have come to the decision that you would not be a person suitable for any community-based sentence, even if the sentence end point allowed me to do that.

[6] The offending in September related to your former partner and her two children. She came to your property to uplift items. You were not at home but you arrived to find her in your house. You picked up a garden hoe, entered the house, taking it inside. You pushed her on a bed, holding the hoe next to her, laying on top of her. Your flatmate came in and you stopped. There was a further pushing down after a further argument. She was struggling to break free. You picked up a butcher’s knife, holding it to her throat, and you said you were going to kill her, her children, and her family. The flatmate heard these comments and again came in to stop it happening. That time you left. You came back taking her phone when she was trying to contact the police, pushing her back on the bed, climbing on top of her, punching her in the face when you were in that position. As you left you smashed the passenger and driver’s windows of her car (the base for the intentional damage charge). When you were questioned you said it was all not true. There is, I understand, no claim for reparation

[7] The end indication was given after consideration of various aggravating and mitigating factors. I take the assault with a weapon as the head or lead charge for sentencing today. When I have regard to the offending overall, the aggravating

features are numerous. You held her down. She was entirely vulnerable, you are much stronger than her. You held the knife to her throat in close proximity to her. You told her you were going to kill her, her children, and her family. She would have thought with the knife in the place where you had put it, that you were going to do exactly that. She must have been absolutely terrified. You can be thankful, as we all are, that she had a flatmate who came in to stop it going any further because you were totally out of control.

[8] The starting point that I indicated was without the benefit of a pre-sentence report. Of course, you have also now been to restorative justice. The pre-sentence report, has nothing in that that changes the indication. You accept the loss of control, the significant emotional impact, the poor record of compliance, but that, it is interesting to note, you now show a level of motivation. May it continue and prosper. I think it will if your letter is true and is not something written to try and “suss an old fella out”, because it will not. But it does show, and supports the restorative justice report that I have read, that maybe this is going to teach you the lessons about the position you find yourself in.

[9] In the end I stay with the indication I gave. That is, that the starting point, prior to credits, of two years and 10 months. I take into account on that the driving while suspended and the wilful damage. Again I would not uplift for any matters relating to your past history. You are entitled to that 10 percent credit.

[10] The end sentence I consider to be appropriate is a sentence of two years and six months overall, and I am sentencing you accordingly. That sentence is imposed on the charge 3153 using a knife as a weapon, two years six months imprisonment.

[11] The charge of intentional damage, one month’s imprisonment.

[12] The charge of threatening to kill (there are three of those charges), on each you are sentenced to six months’ imprisonment.

[13] Driving whilst suspended, you are sent to prison for one month and disqualified for driving for six months, as from today.

[14] On the two charges of male assaults female, three months on each. Those terms are to run concurrently.

[15] Sorry, there are three charges of assault. Two charges of assault and a charge of male assaults female. Those charges are to run concurrently with the two years, six months, all matters having been taken into account.

[16] The receiving officer at the prison will have the notice of this sentencing together with my sentencing indication. I ask also that my staff attach your letter “to whom it may concern” with those notes.

K J Phillips

District Court Judge