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New Zealand Police v Langdon [2020] NZDC 458

Published 13 January 2025

Judge-alone trial — injuring with intent to injure — assault on a person in a family relationship — breach of a protection order — biting — self-defence — Crimes Act 1961, s 48. The defendant faced charges of injuring with intent to injure, assault on a person in a family relationship and breach of a protection order. The complainant in the charges was the defendant's partner. The pair had an argument that turned violent, with the complainant suffering a bitten thumb. The defendant then allegedly grabbed the complainant by the neck and repeatedly banged her head on a hard surface, before eventually the police arrived. The defendant had argued that he had bitten the complainant's thumb in self-defence. The Court found that the relevant charge, injuring with intent to injure, was not proven beyond reasonable doubt and acquitted the defendant on this charge. However the Court accepted the complainant's account of the subsequent assault, and found the defendant guilty on the charge of assault on a person in a family relationship. The Court also found that the defendant had verbally abused the complainant, in breach of the protection order that was in force at the time. Hence the defendant was also convicted on the charge of breach of a protection order. Judgment Date: 15 January 2020.