R v Frost [2019] NZDC 10914

Published 03 October 2019

Sentencing — threatening to kill — causing grievous bodily harm with intent to cause grievous bodily harm — assault — assault on a child — breaching bail — family violence — domestic violence — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentence on a range of domestic violence-related charges, including threatening to kill (two), causing grievous bodily harm with intent to cause grievous bodily harm, assault (four), assault on a child (13) and breaching bail. The victims were his ex-partner and three of his children. The most serious charge of causing grievous bodily harm arose from an incident where over a period of three days he repeatedly punched his ex-partner and attacked her with a weapon, causing two fractures to her neck and also bruises, cuts and swelling. As a result of this offending police interviewed the defendant's children, disclosing offending against them as well. The Court noted that the attack on the defendant's ex-partner qualified as extreme violence. The offending fell into band 2 of R v Taueki, and the Court adopted a start point of six years six months. Uplifts for the remainder of the charges took the total starting point to eight years two months. The Court applied discounts for efforts to rehabilitate, remorse and guilty plea, for a final sentence of five years' imprisonment. Judgment Date: 7 June 2019. * * * Note: names have been changed to comply with legal requirements. * * *