Man sentenced to home detention after pocket dial leads to death threat, assault

An abusive partner received a home detention sentence at the Dannevirke District Court.

A brain injury was a contributing factor in causing a change in the behaviour of a man who appeared for sentencing in Dannevirke District Court facing a number of violence charges.

Jayde Christall was convicted of common assault, assault on a family member, threatening to kill or harm, wounding with intent to injure and wilful damage. All the offences were committed against his former partner.

Counsel Nicola Graham told Judge Lance Rowe Christall understood a prison sentence was a possible outcome of his offending.

Judge Rowe said Christall was on bail on the charge of common assault when he committed the family assault, threatening to kill, wounding with intent and wilful damage offences.

The first assault took place in March 2022 when Christall arrived at the victim’s house at 2.30am. An argument ensued and the assault took place.

Judge Rowe said a victim impact statement said the woman suffered injuries and had to take time off work on family violence leave because of the impact on her mental health.

The second incident occurred in November. Judge Rowe said the victim had accidentally pocket-dialled Christall while she was at work.

He heard her laughing and joking with her workmates and became angry.

”You drove to her workplace in Feilding. You were drunk, which was in breach of your bail conditions. You drove her to Woodville. You were aggressive and abusive and took her to a remote location where you said you were going to kill her, and you attacked her.”

Judge Rowe said the woman received a number of severe injuries. The pair ended up at the victim’s house, where he continued to push her around, only stopping when police arrived.

”Her physical injuries are one thing, but her psychological injuries are quite another. She believed she would die. Explaining her injuries to her children was traumatic to them.

“Because the victim was pregnant at the time of the attack, [and due to] the way you drove and abused her, threatening to kill her in a remote location; the way you kicked and punched her head and body, a starting point for sentencing is three years’ imprisonment. That should be increased because you were on bail and were in breach of bail by two months.”

Judge Rowe said while Christall was on electronically monitored bail, he hadn’t put a foot wrong and had been able to play rugby.

”At this point, we will talk about you. In 2013, you suffered an injury when you were hit by a car. You were in a coma for some time. This injury has affected you. Your family has noticed a change in your behaviour and that you have become more angry.”

Judge Rowe said Christall had a previous conviction in 2018 for injuring with intent, for which he was sentenced to intense supervision and community work.

He said Christall had known for a while the effect alcohol now had on him.

”Despite that, you continued to consume alcohol and become violent. You need to take responsibility for your actions and the effect alcohol has on you, [which has led] to violence in the past.”

Judge Rowe told Christall he tended to lack remorse or insight.

”The law requires me to identify the least restrictive sentence for you and to have regard to the safety of the community and any [of your] future partners. Prison wouldn’t help you resolve your issues.

”I reach a conclusion, by the narrowest of margins, that while your conduct deserves a prison sentence, you would not receive the help you need to make you safe.”

Judge Rowe told Christall he would never receive this latitude again. He took into account the two months Christall had spent in custody and sentenced him to 10 months’ home detention with a number of special conditions, including 12 months’ supervision post-detention.

He also ordered Christall to pay $5000 to the victim for emotional harm.