Published 14 March 2024
Sentencing — physical and emotional abuse — male assaults female — perverting the course of justice — R v Jury HC Gisborne CRI-2009-416-4, 31 July 2009 — Shramka v R [2022] NZCA 299 — Ackland v Police [2019] NZHC 312. The defendant had pleaded guilty to 11 charges. The defendant and the complainant were in a relationship where the complainant faced emotional and physical abuse. The charges included male assaults female, assault and injuring by unlawful acts, assault with a weapon, assault with intent to injure, wilful damage, burglary, strangulation and wilfully attempting to pervert the course of justice. The starting point for sentence was four years' imprisonment. Due to the pressure put on the complainant by the defendant to retract her statement, there was an additional one year and a half sentence to deter and denounce any similar conduct. The aggravating factors included the defendant's criminal history and the offending that occurred while on home detention. The mitigating factors included guilty plea, personal circumstances, and efforts at rehabilitation. The total discounts amounted to 45 per cent and the total sentence became three years and two months' imprisonment. Judgment Date: 27 September 2023.
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