He is now on his first warning under the three-strikes law, which means any further serious offending would likely lead to harsher penalties.
Jonathon Rogers is now on his first warning under the three-strikes law, which means any further serious offending would likely lead to harsher penalties. Photo / Brett Phibbs
The woman, who sat huddled in a corner of the Nelson District Court during today’s sentencing, said in her victim impact statement that Rogers was “not a bad person” but was widely misunderstood, and that he remained the love of her life.
Excerpts from the statement were read by Judge David Laurenson, KC, who imposed a police protection order in her favour, despite the pair’s desire to continue a relationship.
“I’m satisfied it’s necessary to protect her,” Judge Laurenson told the police, who had sought the order.
Remains ‘high risk to others’
Rogers had earlier pleaded guilty to an amended charge list which included strangulation, assault with intent to injure, injuring with reckless disregard and assault on a person in a family relationship.
The pre-sentence process assessed Rogers as remaining a high risk to others until he addressed his alcohol dependency and an attitude which “supported violent behaviour”.
A pre-sentence report identified Rogers’ offending was largely alcohol- and drug-fuelled, but time spent in custody had enforced an abstinence which had given him some perspective on the harm caused, and a desire to improve, Judge Laurenson said.
Knocked unconscious
The court heard that Rogers and the victim were in a relationship and living together last year when, after Rogers had been drinking, he suddenly punched the woman multiple times in the head.
The police summary of facts said she was knocked unconscious, but when she came to, he was standing over her, laughing.
Rogers then smashed the woman to the ground and put both his hands around her neck until she was unable to breathe. She managed to crawl to a bedroom and lie face down when Rogers grabbed her by the ears and threw her against a wall.
She was able to crawl away again before the pair fell asleep, the summary said.
When she woke up, she asked what had happened and Rogers attacked her again.
She was grabbed by the throat and held down by her head.
Afraid he had killed her
On another occasion, the pair were staying in a Motueka campground when Rogers dragged the woman out of her sleeping bag and began punching her until she again lost consciousness.
Rogers held her, afraid he had killed her, the summary said.
Later that month, when the pair were at home, Rogers had been drinking and began talking on the phone to his ex-partner.
The victim became upset, ripped the phone from his hand and smashed it on the ground before packing her bags in an effort to leave.
Rogers attacked her again, leaving her with multiple bruises and a concussion.
Rogers said in relation to one of the assaults that he had “no recollection” of what had happened until the next day.
Judge Laurenson noted he hadn’t tried to minimise what happened, had spoken of how he had failed his partner, and was sorry for the harm caused.
‘Severe’ substance use disorder
He said an alcohol and drug report presented Rogers as having a long-standing history of alcohol and methamphetamine abuse, to the degree he was assessed as having a “severe” substance use disorder.
If he were released without structured support, he was at risk of relapse, Judge Laurenson said.
He said the victim’s statement noted Rogers needed help.
“He’s not my enemy, he’s the love of my life and he needs help, so I’m asking you to give him that help,” the victim wrote.
Rogers said he “sat with great anguish and sorrow” that he was unable to be with the woman in her time of need.
In sentencing him, Judge Laurenson said the victim was vulnerable, there was a clear physical disparity, and an element of home invasion had occurred in that the sanctity of the victim’s home had been breached.
From an adjusted three-year starting point on the lead offence of strangulation, Judge Laurenson arrived at 23 months in prison on all charges after discounts for guilty pleas and Rogers’ motivation to address issues linked to his offending.
He was granted leave to apply for home detention if a suitable address was found.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government, for the Nelson Mail.