Man jailed for violent attacks on partner in Alexandra, Christchurch

Warning: This story details domestic violence

A man subjected his partner to almost two years of violence in their Alexandra and Christchurch homes.

He strangled her on more than 40 occasions and chasing her with a spade after she stabbed him following a violent episode.

At Benjamin Cudby’s sentencing in the Christchurch District Court this week, Judge Katie Elkin said the victim was vulnerable, as she already had a brain injury, and Cudby had easily overpowered her during a "long history" of family harm incidents.

The judge said his offending was entrenched and had caused the victim enduring harm. She now struggles with trust and fears what others might do to her.

Cudby had strangled the woman more than 40 times over the course of their relationship, the court heard.

She lost consciousness during one incident in June last year when Cudby wrapped his hands around her throat, then put her in a headlock and applied pressure for more than 10 seconds.

When she regained consciousness, she grabbed a knife and stabbed him.

Cudby then chased her with a spade, smashing a door in their Alexandra home, overpowering her before police arrived.

During another incident at their home, a friend heard a commotion and saw Cudby in a bedroom with his hands around the woman’s throat.

It took two people to pull him off her.

The assaults continued in Christchurch when Cudby threw her to the ground, spat in her face and picked up a nearby hammer.

When his father tried to intervene, Cudby grabbed a baseball bat and hit her in the ribs and legs.

Judge Elkin outlined how the abuse had started three months into the pair’s relationship and spanned 20 months. Cudby was in his early 20s at the time.

"It has had a very big impact on her; she is only 19, and, like you, very young. She is learning to rebuild her life," the judge said.

The court heard Cudby had a drug habit which cost him around $200 a day and had also been found in possession of LSD, ecstasy and cannabis.

On charges of impeding breathing, assault with intent to injure, possessing LSD, ecstasy and cannabis for supply, possessing methamphetamine and unlawfully possessing ammunition, the judge took a starting point of six years and two months’ imprisonment.

Following credit for guilty pleas, lack of criminal history, his youth and rehabilitation efforts, he was sent to prison for three years and seven months.

Judge Elkin said Cudby would be subject to a first strike under the new Three Strikes law.

"If you commit a further serious offence, the consequences will be serious," Judge Elkin told him.

She imposed a protection order in favour of the victim.

FAMILY VIOLENCE

How to get help: If you're in danger now: • Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:
• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.
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By Al Williams, Open Justice reporter