The woman went to Women's Refuge and gave police an evidential video interview, but later retracted her allegations. Photo: 123RF
WARNING: This story describes sustained family violence and may be upsetting to some readers.
A man who assaulted a woman 100 times during their brief relationship, including while she was tied to a pole and gagged, tried to argue that his prison sentence was "unduly harsh".
Ronald Sydney Wharepapa, 54, also hit the woman with a hammer numerous times, kicked her with steel-capped boots, punched her hard in the groin and put a cigarette out on her leg.
Early in their 10-month relationship, Wharepapa punched the woman in the head to the point she became dizzy and was knocked to the ground, injuring her ear.
Victim retracts allegations
The woman went to Women's Refuge and gave police an evidential video interview, but later retracted her allegations.
She continued to deny those allegations when giving evidence in a trial at the Napier District Court.
However, a jury found Wharepapa guilty on 11 of the 16 charges he faced.
These were five charges of assault with a weapon and six charges of assault on a person in a family relationship.
One of the weapon charges and two of the assault in a family relationship charges were representative, meaning they covered more than one incident.
Judge Richard Earwaker sentenced Wharepapa to three years and two months in prison.
Wharepapa appealed his sentence to the Court of Appeal on the grounds that the starting point used in calculating the sentence was too high, and that insufficient discounts had been given for the "deprivation and disadvantage" he had experienced in life.
In particular, he said Judge Earwaker did not take into account the way his methamphetamine addiction contributed to his offending.
His lawyer Rennie Gould argued a two-year term of imprisonment with release conditions to address his alcohol and drug dependency would have been more appropriate.
The appeal court justices disagreed and dismissed the appeal against sentence.
Their decision said the judge had recognised the impact of Wharepapa's addiction, and the steps he had taken to attend rehabilitation programmes, in the discounts that had been given.
They said that Judge Earwaker also had before him information about the time Wharepapa had spent in a boys' home as a child, his lengthy history of substance abuse, and his early exposure to drugs and alcohol which was part of the gang culture surrounding him.
"The judge cannot be criticised for referring to the purpose of sentencing which he considered most relevant in the circumstances, being accountability," the Court of Appeal decision said.
"The judge went on to note that the sentence also needed to denounce Mr Wharepapa's conduct and deter others from committing such offending.
"Given the prevalence of intimate partner violence offending by Mr Wharepapa and more generally, both are material considerations."
Various weapons used
The Court of Appeal decision said that Wharepapa had used various weapons to attack the complainant, including the hammer, a patu, the cigarette and a firework.
The offending also included attacks to the head, but the court decision said that the hammer blows did not result in the serious injury that might be expected.
After tying the woman to the pole in his living room, Wharepapa gagged her, poured water on her and directed a fan at her, "presumably to chill her", and put a cigarette out on her leg.
The court was told that Wharepapa grew up in a household which was "quite rough".
The children "were loved and fed" but he was physically abused by both his parents.
His father was a heavy drinker and cannabis user, who introduced him to cannabis at the age of 12, about the age when he was sent to live at the boys' home he experienced further abuse and his substance abuse increased.
He began using methamphetamine in his twenties, which had a "devastating impact" on his life.
Where to get help:
- Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason.
- Lifeline: 0800 543 354 or text HELP to 4357.
- Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends.
- Depression Helpline: 0800 111 757 or text 4202.
- Samaritans: 0800 726 666.
- Youthline: 0800 376 633 or text 234 or email talk@youthline.co.nz.
- What's Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds.
- Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, Gujarati, Marathi, and English.
- Rural Support Trust Helpline: 0800 787 254.
- Healthline: 0800 611 116.
- Rainbow Youth: (09) 376 4155.
- OUTLine: 0800 688 5463.
If it is an emergency and you feel like you or someone else is at risk, call 111.
Sexual Violence
- NZ Police.
- Victim Support 0800 842 846.
- Rape Crisis: 0800 88 33 00.
- Rape Prevention Education.
- Empowerment Trust.
- HELP (Auckland): 09 623 1700, (Wellington): 04 801 6655.
- Safe to talk: 0800 044 334.
- Tautoko Tāne Male Survivors Aotearoa.
- Survivors Network of those Abused by Priests (SNAP) 022 344 0496.
- Women's Refuge: 0800 733 843.
- It's Not OK 0800 456 450.
- Shine: 0508 744 633.
- Victim Support: 0800 842 846.
- HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655.
- The National Network of Family Violence Services NZ has information on specialist family violence agencies.
Family Violence
This story originally appeared in the New Zealand Herald.