Police v SG [2017] NZDC 20508 (12 September 2017)

Last Updated: 30 April 2018

EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS].

NOTE: PURSUANT TO S 25 OF THE MENTAL HEALTH (COMPULSORY ASSESSMENT AND TREATMENT) ACT 1992, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO 11D OF THE FAMILY COURTS ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE HTTP://WWW.JUSTICE.GOVT.NZ/FAMILY-JUSTICE/ABOUT-US/ABOUT- THE-FAMILY-COURT/LEGISLATION/RESTRICTION-ON-PUBLISHING- JUDGMENTS.

IN THE DISTRICT COURT AT HAMILTON

CRI-2017-019-003052

[2017] NZDC 20508

NEW ZEALAND POLICE

Prosecutor v

[SG] Defendant

Hearing:	12 September 2017
Appearances:	Sergeant L MacMaster for the Prosecutor G Prentice for the Defendant
Judgment:	12 September 2017

NOTES OF JUDGE P R CONNELL ON SENTENCING

[1] [SG], you know today that before this Court are eight charges. They are eight charges of assault and all relate to the fact that whilst at [the hospital], where I know you are a patient, you have assaulted the staff that work with you and for you. That is a result, I am told through Mr Prentice your lawyer, of your frustration at being at the hospital. I understand how you might end up feeling frustrated being a patient at the hospital, but that is because of your own state of health. You are mentally unwell and you must understand the people around you are trying to help you, they should not be

NEW ZEALAND POLICE v [SG] [2017] NZDC 20508 [12 September 2017]

there for you to hit just because you are angry and frustrated at your own position in that hospital.

[2] You have some trouble with all of this. I have read all of the summary of facts. They relate to you hitting out at nurses, at staff in the hospital. I can simply refer to some examples:

• (a) hitting the victim in the left side of the head with your hand,
  
• (b) picking up a couple of cue balls to then strike out at another person,
  
• (c) kicking someone in the shin,
  
• (d) hitting someone on the forehead with the heel of your palm and that person feeling considerable pain as a result of it,
  
• (e) Things like grabbing the clothing of a nurse who then had to put up with you threatening to kill her.
  

Those facts brought about these eight charges of assault.

[3] One of your difficulties is that before the Court is a list of the number of times you have done this before, and if you count those number of times, there are at least 22 previous times when you have struck members of staff. That is a worry to me and you might want to know the reason. The reason simply is that you look like someone who has a propensity for violence, that you will continue with that and you will not stop. The fact is that you have now had some four terms of imprisonment for the fact that you keep on doing this to staff in the hospital.

[4] I have had a careful look at the probation officer’s report. You will remember that report being prepared for you. More importantly the doctor at the hospital has said this: that you are someone who is able to stand trial – in other words you can understand the system – you can talk to your lawyer you can give him instructions and things of that nature. I accept that that is against the background of your own mental health difficulties. You are currently an inpatient admitted under the Mental Health

(Compulsory Assessment and Treatment) Act 1992 which means that you are a committed patient. You have a complex mental health diagnosis, your behaviour has been deteriorating with more and more assaults on staff and fellow patients and you know that you came to this Court with two charges which has now expanded by another six because of your continuation of those assaults.

[5] The doctor was of the view that simply coming to Court and then being put back in to the hospital led you in to a position where you do not believe there is any real consequence for your behaviour. There is no consequence for your assaults. That doctor has somewhat changed his opinion around recommendations as to what should happen next. He says that you have had two previous prison sentences where you have come back from prison showing a marked improvement in your behaviour and that lasted for several months after your return to the ward that you are in. That last time was when you were placed in the mental health unit at the [location deleted] women’s prison. It is said by the doctor to have been beneficial for you. It is hard to think that imprisonment is beneficial but in this case and given the assistance you received in the mental health unit, it obviously had some good effect in that you stopped assaulting people for a while. What the doctor has said is that plans are in place for your return to the ward in the future, but at the moment his strong view is that you should be placed in prison to give you some understanding that there is a consequence for hitting people, assaulting nurses and staff at the hospital.

[6] That is something that I am really very reluctant to do but that report from the doctor, together with what the Probation Service have said, is really leading to that conclusion for you today. You have got into a habit of using violence to solve your problems and you have put staff around you feeling unsafe, fearing for their own safety when you become angry. You are at high risk of re-offending and you are at medium risk of harm to others when you are in the hospital ward. You are not considered suitable for community-based sentences and I could not impose that in any event. You are someone who becomes very angry very quickly and that escalates to violence against others and the end result is that the Probation Service, also like your doctor, have suggested a term of imprisonment should be imposed.

[7] Mr Prentice, on your behalf, has asked that I make it as short a term as possible for you and I will do that. I will have regard to the fact that the last time you were before the Court you were imprisoned on assaults for a period of six months. I look at the numbers of these and will have to say to you that I will take one as the lead charge. On the assault CRN6545 there will be now a sentence imposed with a starting point of nine months. I will reduce that by three for your plea of guilty. That takes you to a six month term of imprisonment.

[8] That sentence will be passed on all of the assaults that are laid under the Crimes Act 1961. There will be a three month term applied in each of the charges laid under the Summary Offences Act 1981. They do not go on top of one another - they are all concurrent, meaning it is a sentence now of six months’ imprisonment.

[9] In terms of release conditions. Your release is really determined by your present mental health status and I do not intend to interfere with that other than to put a condition on you that you comply with your compulsory treatment order.

P R Connell

District Court Judge