KEY POINTS:
A Nelson man was today jailed for two years and three months, including 18 months for attempting to defeat the course of justice by threatening a witness.
In Greymouth District Court this morning, Judge Brian Callaghan told Zane Brendon Creagh that the charge of attempting to defeat the course of justice struck at the very heart of the justice system and a "clear and stern" message had to be sent to the community.
Creagh, 21, had been found guilty by a jury of breaking into a house, assault with intent to injure and assault.
He was also found guilty of attempting to defeat the course of justice by spitting at a woman and threatening to slit her throat at the Greymouth courthouse on August 9, before she was due to give evidence against him.
Defence counsel Richard Bodle said Creagh had wanted to "wind the victim up" but had not intended to dissuade her from giving evidence.
He denied frightening or threatening the woman but accepted the jury's decision. It was an act of "spontaneous immaturity", not a direct threat.
Creagh had been "an impetuous young man acting on impulse" but was now more mature and had settled into a responsible lifestyle.
But police prosecutor Deidre Orchard said it had been a direct threat delivered in a calm, calculating way and achieved its desired effect because the woman fled the court and did not give evidence against Creagh.
Mrs Orchard sought combined sentences of 18 months and nine months, while Mr Bodle asked the judge to keep the sentence below two years to enable Creagh to apply for home detention.
Judge Callaghan said he had not been surprised by the jury's verdicts.
"Intimidating a witness, literally on the doorstep of a hearing, strikes at the very heart of the justice system and has to be discouraged by the court."
Creagh had uttered a "chilling remark" but had, at the time, been a "stupid young man". He was now contrite, had moved on with his life, was more mature and had a low risk of reoffending.
Judge Callaghan said he considered two years a minimum starting point for the more serious charge, and 15 months for the assaults but he reduced these to 18 months and nine months because of mitigating factors.
- NZPA
