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A visiting judge says the Christchurch police are too ready to reach for the harshest charges they can.
Judge Robert Kerr has accused the police of "over-charging" a 27-year-old man who faced sentencing in the Christchurch District Court yesterday over a domestic assault on December 15.
Shane Elliot Hurring faced two charges of intentionally injuring a woman during the incident, which lasted several minutes.
Judge Kerr said he believed charges of common assault under the Crimes Act would have been more appropriate.
He thought there must be someone in the Christchurch police who opted for the most serious charges possible.
"They really are very harsh charges here," said Judge Kerr, who usually sits in Auckland. "That's been clear to me for some time."
Crown prosecutor Zannah Johnston replied: "These are serious offences. There were a number of stranglings."
Judge Kerr made his comments after submissions by defence counsel Carol Morgan, who said the offending by the sheet metal worker was at the lower end of the sentencing range.
She said Hurring was horrified that he had let the situation develop to the extent that it did.
He had pleaded guilty to the two injuring charges, as well as possession of a .22 rifle without a permit, and careless use of a firearm - police found it loaded at the scene.
The court was told that Hurring had twice grabbed the victim by the throat, making it difficult for her to breathe, and once held a cushion over her face.
She had swelling and bruising.
"You could have caused brain damage through lack of oxygen but fortunately that didn't occur," said the judge.
He noted the victim had asked for a lenient sentence for Hurring.
Hurring thanked Judge Kerr when he left the dock with a sentence of 250 hours of community work and an order that he undertake alcohol assessment and treatment.
The rifle and ammunition have been forfeited to the Crown.
- NZPA
