R v Carr [2017] NZDC 25712

Published 12 October 2018

Assault with a weapon — male assaults female — threatening to kill — threatening to do grievous bodily harm — domestic violence — sentencing — Dawson v Police [2012] NZHC 3298 — R v Nash [2007[ NZCA 520. The defendant was sentenced on a number of charges related to domestic violence against a former partner. The offending included threatening to kill the victim, her mother and her children, threatened to cut the victim's breasts off and on one occasion pushed her against the wall with a razor blade to her throat and threatened to cut her head off before causing minor cuts to her body by running the razor up and down her body. Aggravating features included the duration of the offending, the persistent nature of the threats and the fact that actual injury was caused to the victim on two occasions. The court noted the seriousness of the offending and that the threats to kill were calm and carefully calculated to ensure that the victim was frightened of the defendant. The offending was categorised as being "towards the top end of seriousness" and the court set a starting point in relation to the threatening to kill charges at five years' imprisonment. The starting point was uplifted to recognise the other offending and a discount was given in relation to the defendant's remorse and personal circumstances. The defendant was sentenced to five years and six months' imprisonment, with a non-parole period of two years and nine months. Judgment Date: 10 November 2017. * * * Note: names have been changed to comply with legal requirements. * * *