New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Strangulation (impeding breathing)

Legal area

Court

7 Aug 2023

TAVAI v NEW ZEALAND POLICE [2023] NZHC 2077

Citation

[2023] NZHC 2077
Court

High Court

The sentencing Judge did not err in imposing imprisonment rather than immediate home detention because the need to protect the victim and to address methamphetamine addiction in a structured residential setting outweighed the claim that home detention was the least restrictive option; the Judge reasonably concluded residential rehabilitation was required to break the cycle of drug use and family violence and left open an application for home detention only if it was to a residential programme.
30 Apr 2021

TE HAU v NEW ZEALAND POLICE [2021] NZHC 948

Citation

[2021] NZHC 948
Court

High Court

The High Court held the combined starting point of three years six months for repeated impeding of breathing with associated injuring with intent was not excessive given repeated near-loss of consciousness, coercion and significant injuries; although some uplifts (six months for the bar assault and four months for offending while on sentence/prior convictions) were at the high end, they did not render the overall sentence of three years ten months manifestly excessive; the appeal was dismissed.