New Zealand Police v Benson [2019] NZDC 10810

Published 02 December 2019

Sentencing — breach of intensive supervision — male assaults female — assault — assault with intent to injure — strangulation — threat to kill — Criminal Procedure (Mentally Impaired Persons) Act 2003 — Crimes Act 1961. The defendant appeared for sentencing on multiple charges including breach of intensive supervision, male assaults female, assault, assault with intent to injure, strangulation and threat to kill. The charges of male assaults female, assault with intent to injure, strangulation and threat to kill all involved the same victim, who was the defendant's partner. The start point for sentence was 40 months' imprisonment. The Court applied reductions for the totality factor, the defendant's psychological problems (which were outlined in a report prepared under the Criminal Procedure (Mentally Impaired Persons) Act) and dysfunctional upbringing, and guilty pleas. The final sentence was 17 months' imprisonment. The Court also made a final protection order for the victim. Judgment Date: 5 June 2019.