R v Birch [2017] NZDC 10448

Published 11 September 2017

Sentencing — assault on a police officer with intent to obstruct — injuring with intent to injure — possession of drugs — theft. The defendants assaulted the first defendant's mother after she had been asked to move out of her property. Later, when being held in police custody, the first defendant was taken to a hospital for medical treatment. A police constable was threatened when the defendant wanted to leave and the police constable tried to dissuade the defendant against leaving. The constable held the defendant down to keep her in the hospital bed and the defendant kicked upwards deliberately and with force, connecting with the side of the constable's face. While on bail, the defendant left temporary accommodation taking electronic goods, including a PlayStation, that did not belong to her. The court took into consideration the defendant's history, the attack to the head, the vulnerability of the victims and the number of attackers that the first victim faced. The second defendant was sentenced to four months' community detention. The first defendant was sentenced to two years and four months' imprisonment. Judgment Date: 17 May 2017. * * * Note: names have been changed to comply with legal requirements. * * *