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R v Hutchinson [2020] NZDC 117

Published 13 January 2025

Judge-alone trial — intentionally impeded the normal breathing of a person — strangulation — complainant retraction of statement — police witness. The defendant appeared at trial for a charge of intentionally impeding the normal breathing of the complainant. It was alleged he had strangled her during an argument. The complainant gave a statement at the time of the alleged offending when the police were called but subsequently tried to withdraw the statement, saying she had lied to get the defendant in trouble. A Constable who was first on the scene gave evidence that the defendant had been visibly angry, standing over the complainant who was on the ground sobbing. She also had red marks on her neck at the time. The Judge was satisfied beyond a reasonable doubt that the offence was made out, based on the Constable's evidence and the complainant's statements given spontaneously at the scene. Judgment Date: 8 January 2020.