Four years jail ‘excessive’

Press, 29 May 1985, Page 22

Four years jail ‘excessive’

PA Hamilton A man involved in the stabbing of a Hamilton police dog handler has had his four-year jail sentence reduced to three years by the Court of Appeal. Quinn Lome Patterson, aged 23, a process worker, had appealed to the Court against conviction and sentence on a charge of causing grievous bodily harm to Constable Bruce Howat at Hamilton on June 20, 1983. His appeal against conviction was dismissed but the sentence was quashed and a sentence of three years jail imposed. Patterson first appeared for trial in the High Court at Hamilton, was convicted on a charge of attempting to murder the constable and sentenced to five years jail. He made a successful appeal and was granted a retrial which was held in Auckland. Patterson was found not guilty of attempted murder but guilty of causing grievous bodily harm to Constable Howat and jailed for four years.

The charge arose from an incident during which Constable Howat and Patterson were involved in a struggle in a flax bush. Constable Howat was stabbed by Patterson who said he thought he was stabbing the constable’s dog, Cara. He alleged the dog had been biting him. One stab went through the constable’s arm and another to his chest punctured his lung. The judgment of the Court of Appeal this week said the Court was satisfied the four-year jail term imposed was manifestly excessive.

One of the factors taken into account in reaching that conclusion was the time spent in custody after the first trial, which gave an effective sentence of 4Vz years jail. This was not significantly less than the five-year sentence imposed after the first trial on the more serious charge of attempted murder on which Patterson was acquitted at the second trial, the judgment said.