New Zealand Police v Elliott [2018] NZDC 5306

Published 22 March 2018

Wounding with reckless disregard — assault with a weapon — male assaults female — breach of intensive supervision — sentencing. The defendant was sentenced on assault charges relating to his partner and young child. In respect of the assault to the child, the defendant became upset when his partner was unable to stop the child from crying. The defendant assaulted the child to the face and grabbed him around the chin and mouth in an attempt to stop him from crying. The defendant assaulted his partner when she intervened. Having regard to totality the court took a starting point of three years' imprisonment on the offending. The court noted the defendant's involvement in a non violence programme, his willingness to participate in restorative justice, and the support that the defendant had from his family to support him to learn ways to manage his emotions, alcohol use and parenting skills. The court further took into account the defendant's guilty plea and acceptance of responsibility for the offending and noted that the steps that the defendant had taken to address the offending which allowed the court to impose a home detention sentence in place of imprisonment. The defendant was sentenced to nine months' home detention and 160 hours of community work. Judicial monitoring was imposed on the home detention sentence, as well as post detention conditions. Judgment Date: 20 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *