A former policeman has been ordered to report to court by Thursday to begin serving a two-year eight-month jail sentence after winning one appeal against a conviction and sentence but losing others for violence against his de facto partner.
The man was convicted in 2008 in the Auckland District Courton seven counts, including of violence against his partner, forgery and attempting to pervert the course of justice. The convictions came after his partner refused to give evidence at his trial and evidence was taken from other witnesses.
He was found not guilty of 14 charges.
The man, who NZPA did not name as his partner's name was suppressed, appealed and in a judgement released today the Court of Appeal quashed the conviction and sentence on the forgery charge, but dismissed his appeal on the other charges and ordered him to report to the High Court by 9am on Thursday to begin serving his sentence.
The judgement said although the man's partner gave evidence at a depositions hearing, she refused to give evidence against him at his trial and recanted her earlier evidence and statements to police.
She was a crown witness at the trial but was declared hostile by the trial judge.
The man was convicted only on the violence charges where there was evidence from witnesses other than the complainant.
He was also convicted of forgery and attempting to pervert the course of justice after allegations he forged a letter from the complainant to police and the court saying he was not guilty.
In its judgment, the Court of Appeal said the pattern of conduct directed at his partner and the attempts to cover it up "required a deterrent sentence of no less than what may be described as the modest sentence imposed".
