HORSCROFT v NEW ZEALAND POLICE [2021] NZHC 2816
The appeal was allowed because the convictions for assault were quashed as unsafe; the sentence of four and a half months' home detention was quashed and in its place one month's home detention was imposed on the charge of breach of a protection order; all other aspects of the sentence remain unchanged.
Source-derived case information.
- Citation
- [2021] NZHC 2816
- Parties
- Appellant: Brandon Maxwell Horscroft (prefers to be known as Mr Winter); Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 October 2021
- Procedural Posture
- Criminal Appeal / Appeal Judgment
- Outcome
- Appeal allowed; convictions quashed; sentence varied.
- Legal Topics
- Assault, Breach of Protection Order, Quashing Convictions, Home Detention
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brandon Maxwell Horscroft (prefers to be known as Mr Winter)
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal / Appeal Judgment
Legal Issues
- 1 Whether the convictions for assault on a person in a family relationship were unsafe and should be quashed
- 2 What sentence, if any, should remain or be imposed after the convictions are quashed
Ratio Decidendi
The appeal was allowed because the convictions for assault were quashed as unsafe; the sentence of four and a half months' home detention was quashed and in its place one month's home detention was imposed on the charge of breach of a protection order; all other aspects of the sentence remain unchanged.
Court Disposition
Appeal allowed; convictions quashed; sentence varied.
Orders
- Quash the appellant's convictions on the two assault charges.
- Quash the sentence of four and a half months' home detention and impose a sentence of one month's home detention on the charge of breach of a protection order.
Full Case Text
Judgment text and source record
1 paragraphs
HORSCROFT v NEW ZEALAND POLICE [2021] NZHC 2816 [20 October 2021]IN THE HIGH COURT OF NEW ZEALANDNEW PLYMOUTH REGISTRYI TE KŌTI MATUA O AOTEAROANGĀMOTU ROHECRI-2021-443-31[2021] NZHC 2816BETWEEN BRANDON MAXWELL HORSCROFTAppellantAND NEW ZEALAND POLICERespondentHearing: 20 October 2021Appearances: N P Bourke for AppellantL A Blencowe for RespondentJudgment: 20 October 2021RESULTS JUDGMENT OF ISAC J[1] Mr Horscroft, who prefers to be known as Mr Winter, appeals his convictionson charges of assault on a person with whom he was in a family relationship.1[2] The appeal is allowed and the convictions quashed. I will provide reasons at alater date.[3] Mr Winter is serving a sentence of four and a half months' home detention. Inaddition to the two assault charges subject to appeal, he was sentenced on a charge ofbreach of a protection order, to which he had pleaded guilty.[4] In light of the outcome of the conviction appeal, I quash the sentence of fourand a half months' home detention and in its place impose a sentence of one months'home detention on the charge of breach of a protection order. In all other respects thesentence of home detention remains unchanged.1 Crimes Act 1961, s 194A, maximum penalty 2 years' imprisonment.Isac JSolicitors:Crown Solicitor, New Plymouth for Respondent