district court logo

R v Davies [2019] NZDC 2174

Published 21 August 2019

Judge-alone trial — aggravated burglary — assault with intent to injure — male assaults female — burglary — beyond reasonable doubt. The defendant faced a judge-alone trial on charges of aggravated burglary and assault with intent to injure. It was alleged that the defendant turned up at the complainant's home while she was alone with her young child. It was alleged that the defendant was verbally abusive when he was denied entrance and bashed at the door. Upon entering the property it was alleged that the defendant strangled the complainant and threatened her with a knife. The Judge found that the witness evidence supported the allegations, with the exception being the use of a knife. Therefore the Judge found the defendant guilty of burglary simpliciter (not of aggravated burglary) and male assaults female beyond a reasonable doubt. Judgment Date: 21 January 2019.