R v Sullivan [2018] NZDC 18093

Published 13 June 2019

Sentencing — intentional damage — possession of pistol and ammunition — threatening to cause grievous bodily harm — Freakley v Police [2010] NZCA 497 — Summary Offences Act 1981 — Arms Act 1983 — Crimes Act 1961. The defendant appeared for sentence after being found guilty of two charges of intentional damage, one of possessing pistol and ammunition, and one of threatening to cause grievous bodily harm. He had gone to the house of his ex-partner (the victim), who refused to let him in. He gained entry to the house, and kicked the door to a room where the victim had taken refuge. He then showed the victim that he had a gun, threatened to shoot both her and her mother, and deliberately damaged a car that was in the driveway. Police later found that he had hidden a shotgun outside the victim's home. Aggravating features of the offending were a vulnerable victim and unlawful entry to the house. Considering the authorities, the Court set a starting point of three years imprisonment. With no mitigating features, the sentence remained at three years. The Court also made a protection order for the victim against the defendant. Judgment Date: 24 August 2018. * * * Note: names have been changed to comply with legal requirements. * * *