A man jailed for two years and four months for an attack on
his former partner's new lover has appealed, asking for home
detention instead.
Stephen Brent Tozer, a 50-year-old businessman from Rakaia,
pleaded guilty to charges of kidnapping and injuring with
intent to injure last December in the Christchurch District
Court.
He was given a two years four months term, after a six-month
deduction for his guilty plea, five months for his offer to
pay reparation, and three months for time spent on 24-hour
curfew.
Defence counsel Simon Shamy told the Court of Appeal home
detention should have been granted and the sentencing
starting point should have been three years instead of three
years six months.
Mr Shamy said there was "very little violence" during the
offence, and the duration of the kidnapping was short.
"It wasn't at the upper end of the scale in terms of
kidnapping."
He asked the court to consider that Tozer had expressed
remorse, paid reparation, and plead guilty. And the offence
was "unlikely to happen again."
Justice Susan Glazebook said to her it was a "very serious
kidnapping," and Tozer had received credit during sentencing.
The crown said home detention was not appropriate.
Tozer was charged over after an incident at Windwhistle,
central Canterbury on July 2007. A week earlier, Tozer's
partner had told him their relationship was over and moved
out of their shared accommodation.
She had begun a new relationship with the victim, a
28-year-old farm labourer.
On the day the offence took place, they had travelled to a
secluded cottage for a weekend break.
Tozer spent the day tracking them down before kicking down
the door of the property and beating the victim repeatedly on
the head with a bat.
His partner escaped to a nearby property, where she
telephoned the police.
At the end of the attack Tozer told the victim hired hitmen
had surrounded the building and if he did not comply he would
be shot. Tozer was arrested after a police chase, while
driving the victim's car.
On his arrest, Tozer ordered his victim out of the car, shook
his hand and proclaimed to officers, "no problems, it's all
been sorted".
Judge Michael Crosbie, who sentenced Tozer, described the
attack as "ferocious" and "an extremely violent, drawn out
act." He told Tozer "I find it difficult to accept you have
any remorse. There were a myriad of ways you could have dealt
with the issues you had.
"The victim impact report tells me that during the two years
since the attack he has suffered from depression and
alcoholism. This was an event that had a profound effect on
him."
