New Zealand Police v Burke [2017] NZDC 19604

Published 16 April 2018

Injuring with intent to injure — threatening to kill — male assault female — judge alone trial — verdict. The defendant was charged with three offences against the victim including punching her, kicking her down a hill, biting her and threatening to bury her. The defendant's position was that the offending never took place and that the victim had inflicted the injuries on herself. The defendant and the victim had been in an argument before getting into a car together. The defendant then drove out to an isolated area and the victim got out of the car. The defendant assaulted and threatened the victim, causing injuries to her face, shoulder and kidney area. The court heard evidence from a witness who had received phone calls from the victim during the course of the day and the Sergeant who attended the incident. The court found that the victim had not inflicted the injuries on herself and that the evidence of the victim had been corroborated. The defendant was found guilty on each of the charges and convictions were entered. Judgment Date: 6 July 2017. * * * Note: names have been changed to comply with legal requirements. * * *