A police officer was knocked out while attending a crash in the Far North. Photo / NZME
A police officer was knocked out while attending a crash in the Far North. Photo / NZME
A shirtless and furious man who knocked a police officer out at a Far North crash scene has failed to get his prison sentence reduced.
About 12.30am on June 23 last year, Joseph Paul Graham forced his way through emergency cordons at the SH10 crash scenewhere his brother was being treated in an ambulance.
Graham, yelling aggressively at police, approached an officer from behind and, without warning, punched him in the face.
The officer was knocked out instantly, collapsing and striking his head on the ambulance door.
Graham was charged with injuring a police officer with reckless disregard and sentenced to two years and four months in prison.
Judge Greg Davis said the serious attack had multiple aggravating factors, including the deliberate blow to the head, the officer’s role as a public official, and the resulting injuries.
In a recent High Court appeal against the sentence, Graham’s Paihia-based counsel Shannon-Leigh Litt submitted the starting point set by Judge Davis was too severe, leading to an end sentence that was too high.
However, Justice Mathew Downs found the overall sentence was not manifestly excessive.
Justice Downs said the sentencing judge had correctly placed the offending in the higher sentencing band due to three significant aggravating factors: the serious injury inflicted, the deliberate attack to the head, and the victim was a police officer performing his duties.
Although the High Court accepted the officer’s vulnerability – being caught off guard – should not have been treated as a separate aggravating factor, it concluded this did not materially affect the outcome.
“Band three is engaged when three or more aggravators apply, and three did. Their combination is serious,” Justice Downs said.
He noted Graham’s actions “squarely engage” the principles of deterrence and denunciation, and the officer’s lack of lasting injury was only due to “providence”.
Justice Minister Paul Goldsmith. Photo/NZME
Sentencing Act reforms enabling judges to impose tougher penalties came into play at the end of last month (Sunday, June 29).
“Where others may flee, first responders and prison officers run towards danger to help those who need urgent assistance.
“Assaulting them puts multiple lives at risk, so there must be greater consequences for these heinous acts of violence.”
Under the proposed offences, assaulting a first responder or prison officer will have a maximum sentence of three years’ imprisonment. This expands an existing provision on assaulting police, to cover all first responders and prison officers.
Injuring a first responder or prison officer with intent to injure will have a maximum sentence of seven years’ imprisonment and will be added to Three Strikes to ensure mandatory minimum sentences.
This is also a two-year increase in penalty from the standard offence.
The proposed changes require further legislative steps before they can be enacted.
Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, much of which she spent court reporting. She is passionate about covering stories that make a difference.
