Police had sought leave to appeal questioning the New Plymouth District Court's decision, raising questions such as "Did the Judge err in his assessment of the gravity of the offending?"
District Court judge Chris Sygrove had said, “Dsouza had taken steps to address his behaviour and was aware how serious domestic violence was taken in New Zealand, compared to his home country of India.”
Police submitted the Judge suggested domestic violence may have been acceptable in India and that minimised the seriousness of the behaviour.
High Court judge Mr Thomas J did not find this ground correct, saying "I do not accept the Judge minimised the offending when referring to how such conduct might be treated in India. The Judge was emphasising how serious domestic violence is considered in New Zealand."
According to the judgement, "At about 7 pm on 19 April 2017, Mr DSouza arrived home after fishing and drinking with friends to find Mrs DSouza had locked her bedroom door following her night shift, working as a nurse. Mr DSouza banged on the door and broke the lock. He snapped his glasses and held the lens to his stomach, threatening to harm himself and to tell the police she had stabbed him. She told him to leave and said he was “zero”, meaning he contributed nothing to her life.
"He began hitting her with his open hand. The summary of facts states he picked up an ironing board and attempted to hit her with it, but there is some dispute about whether this happened or not. Mr DSouza picked up an electrical extension cord and began repeatedly hitting Mrs DSouza with it, primarily making contact with her legs and hands. He threatened her with the plug end and tried but failed to hit her with it. Mrs DSouza attempted to protect herself by wrapping up in a blanket. She called a friend for help.
"The summary of facts states Mr DSouza threatened to plug in iron and burn her with it, but she managed to unplug it. This is also disputed. Mr DSouza continued to hit Mrs DSouza until the friend arrived and stopped him."
However, Mr Dsouza’s wife asked the court to take a lenient approach.
The District Court judge had cited the defendant's lack of previous convictions. He also said Dsouza was under stress at the time of the offending as he struggled to find suitable work.
The police appealed against this decision, but the High Court decided in favour of Mr Dsouza.
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