Published 14 December 2021
Sentencing — assault on a family member — breach of COVID-19 Level 4 lockdown requirements — COVID-19 — global pandemic — national state of emergency — discharge without conviction — Sentencing Act 2002, s 106 — Health Act 1956, s 71A — Z (CA447/12) v R [2012] NZCA 599, [2013] NZAR 142. The defendant had pleaded guilty to one charge each of assault on a family member and breaching COVID-19 Level 4 lockdown requirements, and sought a discharge without conviction. She had assaulted her mother during an argument, causing her mother cuts and bruises. Several months later the New Zealand government placed the country under lockdown in response to the COVID-19 pandemic. The defendant repeatedly breached the lockdown rules, and was charged by police after failing to heed their warnings. The Court observed that the offending involved the defendant breaching the terms of her bail and also re-offending while on bail. She had also taken no steps to address the cause of her offending. Finally, she had presented no evidence that a conviction would jeopardise her future. The Court declined to discharge the defendant without conviction. Judgment date: 25 May 2020.
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