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R v Rose [2018] NZDC 1465

Published 27 August 2018

Assault with a weapon — assault with intent to injure — threatening to kill — male assaults female — causing the victim to be detained with no lawful purpose — kidnapping — sentencing — domestic abuse — partner abuse — R v Wharton (2003] CRNZ 109. The defendant was sentenced for the kidnap and sustained abuse of his partner at the time. The defendant and victim became engaged in an argument. When the victim left the house, the defendant followed her and began to abuse her. The offending involved pulling her to the ground and dragging her a short distance, verbal abuse, detention of the victim for a period of 10 hours, punching her to the head, suffocating her with a petrol soaked cloth and threatening to kill both himself and the victim. The court described the offending as having "the hallmarks of a lead-up to a homicide in a domestic situation", and took a starting point of four years and three months' imprisonment. A full discount was given to recognise the defendant's early guilty plea and the defendant was sentenced to three year and two months' imprisonment. A protection order was also made in favour of the victim. Judgment Date: 26 January 2018.