P v Police HC Wanganui CRI 2009-483-37 [2009] NZHC 2077 (6 November 2009)

Last Updated: 1 February 2016

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

_{CRI 2009-483-37}

P

v

NEW ZEALAND POLICE

Hearing: 6 November 2009

Counsel: G Takarangi for Appellant

J M Woodcock for Respondent

Judgment: 6 November 2009

JUDGMENT OF SIMON FRANCE J (Appeal against Sentence)

[1] This is a sentence appeal. Mr P pleaded guilty to assaulting his wife. The couple had had an argument and his wife left the property. Mr P pursued her and grabbed her by the back of the neck in order to force her to come back home.

[2] He was sentenced to fifty hours community work. The sole ground of appeal is that a fine should have been imposed instead. Concerning that the Judge took the view that since Mr P was unemployed, he would not have a present ability to pay it and so that was inappropriate. The Judge accepted that it was a minor assault but it was unwelcome and it was noted that Mr P has a bad record. In that regard I note

_{that in 2008 he was sentenced to supervision on male assaults female and in 2005}

P V NEW ZEALAND POLICE HC WANG CRI 2009-483-37 6 November 2009

imprisoned for aggravated assault. There is also a common assault conviction, described as domestic, from December 2005.

[3] On appeal it is explained that Mr P has current fines which he is paying by an arrangement with the Registrar, and he has met each payment. The current total he owes is only $300, and accordingly it is submitted that that was not an impediment to a fine as the appropriate sentence.

[4] The sole issue is whether it can be said that the Judge was wrong to choose community work ahead of a fine. If a fine is appropriate, the Sentencing Act 2002 requires that to be imposed. I consider it is a situation where reasonable people could take different views. Standing alone a fine would probably best reflect the seriousness of the offence, but Mr P has the previous convictions to which I have referred and has to realise that he must keep his hands to himself. That factor makes the next level of sentence available, and I do not consider the Judge was wrong to adopt that. However, I do amend the sentence by reducing it to the minimum amount of community work provided by the Act, which is forty hours. This is to expressly reflect the guilty plea.

[5] The appeal is allowed to the extent that the length of time is reduced by

_{10 hours.}

_Solicitors:

Simon France J

G H Takarangi, Graham Takarangi & Co, PO Box 72, Wanganui, email: [e-mail]

J M Woodcock, Armstrong Barton, PO Box 441, Wanganui email: [e-mail]