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escalating violence in our community
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Injured his partner with intent to injure her in Dannevirke in September 2007
Eight previous convictions involving violence including on women, plus a conviction for breaching a protection order
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none known
Born 1972
unknown
Sentenced to three years in 2008
Unsuccessfully appealed in December 2008
Background
Court of Appeal judgment here
From Southland Times story 8th July 2005
AN estranged father who couldn't stay away from his former wife and two children received a community-based sentence yesterday when he admitted breaching a protection order on March 25. In the Invercargill District Court, police prosecutor Sergeant Sue Evans said Michael Hoera Harris, 33, of Dannevirke, had intimidated his estranged wife into driving him to her place at Ohai after a family outing with their two children. He later stayed the night until the woman called police after an argument the next day. The protection order had come about because of a previous offence Harris had been convicted of in which the victim was his wife, Ms Evans said.
Defence counsel David Slater said Harris admitted the charge but said the incident had happened because the perception of a protection order was different between him and his former wife. On this occasion Harris maintained his wife had consented to him coming back to her house and they had even slept in the same bed that night. However, police were called the next day after an argument arose over the welfare of one of their children.Mrs Evans said it was important that the court recognise protection order breaches through psychological abuse carried just as much weight as physical abuse.
Judge Stephen O'Driscoll, of Dunedin, said it was common for defence lawyers to argue a lack of violence in incidents to get a better sentence for their clients. But protection orders also covered psychological abuse because the effects of it often remained while bruising could fade in a short time. He said Harris had accepted that he was involved in behaviour amounting to psychological abuse. "I accept that all you initially wanted was contact with your two boys. "Though you initially did not intend to breach the order, that's what happened." He also noted Harris had a previous conviction for breaching the protection order and said another conviction for this type of offence would mean a jail term. Harris was sentenced to 125 hours' community work.