Published 31 January 2024
Sentencing — perverting the course of justice — threatening to do grievous bodily harm — threatening gesture — M v R [2013] NZCA 385 — H v R [2016] NZCA 101 — R v Ledgerwood [2017] NZDC 1466 — Miller v R [2014] NZCA 382. The defendant appeared for sentence after a jury found him guilty on charges of perverting the course of justice and threatening to do grievous bodily harm. The offending arose after the adjournment of an unrelated court case in which the defendant was involved. While leaving the courthouse, the defendant encountered a man who was a witness in the proceedings. The defendant told the man to "mind his own business" and made a series of obscene and threatening comments. The defendant then finished by drawing his hand across his throat. At trial, the jury had found that this gesture amounted to a threat to kill. The Court considered that the offending was a clear attempt to dissuade someone from giving evidence in court, and therefore posed a serious threat to the administration of justice. The start point for sentence was 24 months' imprisonment. The Court then made a four-month reduction for the time that the defendant had spent on bail prior to trial, and imposed a final sentence of 10 months' home detention. Judgment Date: 7 December 2023
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