A Nelson man with a "concerning history of violence" is back behind bars. Photo / 123RF
Daniel Joyce crouched in the garage of his Tapawera home near Nelson, watching the police speak to the woman he had threatened to kill.
The 34 year-old was today the one sobbing from an enclosed room at Christchurch Mens' Prison, listening via a video link to the Nelson District Court as he was sentenced to 15 months in prison.
Joyce's problems go back to his teens, the court heard, but it was the events of late last year which have placed him back behind bars.
The list of offences includes twice breaching a protection order, breaking his partner's nose when he punched her, telling the police he planned to kill her, driving in such a state he crashed his car and told police he was trying to kill himself, and once in hospital, refusing to give a blood specimen.
Defence lawyer Kelly Hennessey reeled off a litany of events which occurred in Joyce's young life, and which the court noted he had managed to overcome, before falling off the rails again.
"After your last prison term in 2014 you managed to turn your life around.
"When you formed a relationship with the victim, you were working, you had abstained from alcohol but then everything fell apart again," Judge Jo Rielly said in sentencing.
Joyce, described as having a "concerning history of violence", had been in a relationship with his partner for six years and the couple have a two-year-old daughter.
Late one night last November Joyce returned home after he had been drinking, and began abusing his partner. He refused to leave when asked, but it was when Joyce approached his young daughter that his partner tried to call the police. Joyce knocked the phone from her hand, she retrieved it and began recording him, which was when he punched her in the face, breaking her nose.
Joyce then threw down the phone and drove away, but ran off the road, through a fence and into a small culvert that rolled the vehicle. He was cut from the wreck and flown to Nelson Hospital.
At the same time he refused to give a blood specimen, he told police he had driven off in an attempt to kill himself.
"I note the narrative that you were trying to commit suicide is something you have maintained throughout," Judge Rielly said.
Joyce also became verbally abusive when talking to police about the victim wanting to keep the family dog, and the television, at which point he told police he planned to kill her.
"It was a reckless and silly act threatening the life of someone to a police officer," Judge Jo Rielly said in sentencing.
A protection order was issued, and Joyce was told not to contact his partner, but several days later he sent her a text message. She told him she did not want to hear from him, and that she did not want him seeing their daughter until tests showed he was clear of drug use.
Joyce responded by sending 57 more text messages, saying he wanted to see his daughter, but she didn't respond.
The police arrived and took screenshots of the text messages, as Joyce hid undetected in the garage of their home in rural Tapawera, watching what was happening.
Joyce was apprehended not long after when the victim found him asleep in the garage, and activated a safety alarm.
Judge Rielly noted the significant emotional toll on the victim, plus the extremely difficult situation in which she had been placed, including her limited financial means. She also had no transport which meant she was unable to attend medical appointments for the injuries to her face.
"The injuries were bad enough but the emotional toll was significant. She is isolated, distressed and facing ongoing struggles."
Judge Rielly said the events had also had an impact on their young child, who had undergone behaviour changes and had become hyper-sensitive. She said domestic violence witnessed by children had a "very serious impact".
"You have conveyed genuine remorse and sorrow for the harm you caused," Judge Rielly said as she sentenced a sobbing Joyce.
"While it is very sad you find yourself here today in custody, I must say I am very pleased to read how positive your level of insight is.
"If you have that – if you know what's gone wrong, then there's hope for your future.
"You are a father and your child needs you."
Joyce was sentenced to a total 15 months in prison on the lead assault charge, with nine months each on the threatening to kill and breach of protection charges, to be served concurrently.
On the charge of refusing to give blood, he was convicted and discharged. Joyce was also granted leave to apply for home detention, pending the availability of a place in residential rehabilitation.
The wishing tree appeal is in its 31st year and the need for it 'has never been greater'.