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R v Ball [2018] NZDC 5571

Published 08 April 2019

Sentencing — injuring with intent to cause grievous bodily harm — breach of protection order — domestic violence — perverting the course of justice. The defendant appeared for sentencing on charges of injuring with intent to cause grievous bodily harm, breaching a protection order, and a separate incident of wilfully attempting to pervert the course of justice. A protection order was in place against the defendant when he seriously assaulted his young daughter. The daughter suffered injuries to most of her body. The defendant was then remanded in custody where he made 713 phone calls to his partner, the mother of the complainant, in which they attempted to arrange events so that the partner and the complainant did not attend Court and give evidence. However, the phone calls in prison were recorded and the scheme was thwarted, leading to the defendant pleading guilty to the domestic violence offending and the perverting justice charge. On the domestic violence charge (and the protection order breaches), the Judge began with a starting point of four years' imprisonment. The Judge uplifted nine months to reflect the defendant's criminal record, but gave a five percent discount for the guilty plea. On the perverting justice charge, the Judge viewed the sentencing in totality and determined a starting point of 20 months' imprisonment. A full 15 percent discount was given for the guilty plea. The defendant's final sentence was four years six months, cumulatively served with the 15 months for perverting the course of justice, totalling five years and nine months' imprisonment. Judgment Date: 22 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *