Published 31 May 2019
Sentencing — male assaults female — assault with intent to injure — assault with weapon — injuring with intent to injure — intentional damage — assault on police — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607. The defendant appeared for sentence after pleading guilty to ten charges involving violence, spread over four separate dates. After an argument with the complainant the defendant squeezed her throat and hit her on the head with a piece of wood. On the second occasion he squeezed the complainant's throat with a cord, causing her to pass out. On the third occasion he punched the complainant multiple times in the head, then locked her in a shed for the night. Finally, the defendant became involved in another altercation with the complainant and another person which resulted in a police callout; the defendant then broke two windows, showering broken glass over the officers. The Court noted that the strangulation offences in particular were very serious and could have been fatal. The starting point for sentence was 30 months, with uplifts for the first and fourth episodes of offending; previous convictions for violence; and offending while on bail. The Court then applied discounts for youth, the totality principle, time spent in custody and guilty plea. The final sentence was three years and nine months' imprisonment. The Court also issued a protection order for the complainant against the defendant. Judgment Date: 26 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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