Police v Whittaker [2017] NZDC 2794 (14 February 2017)

Last Updated: 24 April 2017

_{EDITORIAL NOTE: NO SUPRESSION APPLIED.}

IN THE DISTRICT COURT AT CHRISTCHURCH

CRI-2016-009-003474 [2017] NZDC 2794

NEW ZEALAND POLICE

Prosecutor

v

TYRONE GEORGE WHITTAKER

_Defendant

Hearing:	14 February 2017
Appearances:	Acting Sergeant O King for the Prosecutor C Eason for the Defendant
Judgment:	14 February 2017

_{NOTES OF JUDGE T J GILBERT ON SENTENCING}

[1] Mr Whittaker you are for sentence today on one charge of assault with intent to injure. This has come before me in the number one list.

[2] The summary records that you were here in the Christchurch courthouse and after being remanded in custody another prisoner was downstairs. He was in the cell first. You came in afterwards. There were other prisoners around at the time. You do not know the person from a bar of soap and neither does he know you according to the summary.

[3] You then balled up some toilet paper, threw it up onto the CCTV camera to hide the view, walked over to where the victim was seated, and kicked him in the

_{head with the heel of your foot. He slumped forward and you did it again. The}

NEW ZEALAND POLICE v TYRONE GEORGE WHITTAKER [2017] NZDC 2794 [14 February 2017]

police intervened. As a result of this the victim was taken to hospital where he spent a number of hours and suffered, fortunately, injuries that were not that serious.

[4] As Mr Eason has explained to me, you are currently serving a three year two month sentence for charges of aggravated robbery and burglary. For some reason this was not sentenced at the same time but I now need to impose what effectively is an uplift on that sentence of three years two months to reflect the seriousness of this matter.

[5] As I have discussed with Mr Eason, from my review of matters this is a very serious incident in terms of charges of assault with intent to injure. You are probably lucky it was not charged as a more serious offence.

[6] In my assessment the appropriate starting point is two years bearing in mind the three year maximum available on this charge. I would then give you a discount of around about five months to account for your guilty plea which was reasonably early, but not at the earliest opportunity. Finally, I need to take into account the totality principle because this is going to sit on top of the current sentences which you are serving.

[7] With all of that in mind, you will be convicted and sentenced to imprisonment for 10 months on this charge which will be cumulative on the current sentence which you are serving. Because your sentences total in excess of two years, the Parole Board will impose release conditions upon you.

T J Gilbert

District Court Judge