Woman’s leg broken fighting off ex-boyfriend

Gisborne Courthouse. File picture by Rebecca Grunwell

DUMPED by his girlfriend after just one month because she found him too violent, a man went to her house and launched an assault that broke her leg, Gisborne District Court has heard.

Immediately apologetic, the man piled her into his car. But he didn’t take her to hospital. Instead he drove her to her friend’s house and left her in the driveway.

He was on bail at the time for assaulting another woman.

Brendan Lyver, 26, was jailed for 22 months and was refused leave to apply for home detention.

He pleaded guilty to charges that were renegotiated after a trial had to be aborted due to prejudicial material.

Prosecutor Steve Manning said the complainant did not want to give evidence at a second trial.

The case was resolved after the original charges were reduced.

One of injuring with intent to injure (in relation to the woman’s broken leg) was reduced to injuring with reckless disregard and two counts of assaulting a female were wiped.

Charges of burglary and assault with intent to injure remained unchanged.

Refusing the option for home detention, Judge Warren Cathcart said Lyver had a concerning pattern of violence towards women. He had not been deterred by earlier sentences of imprisonment, the last of which in 2015 allowed him to apply for home detention.

Lyver’s propensity for domestic violence started with notations in the youth court. He had several district court convictions for it.

This latest offending occurred after a woman with whom Lyver had been in a relationship for a month ended it, claiming he was violent and had manhandled her.

Eleven days later, Lyver went to the woman’s house. Seeing him arrive, she locked all the doors, and told him to go. But he entered through a window and caught up with her as she was trying to flee outside.

Swearing and yelling about red marks on her neck, Lyver repeatedly punched the woman and kicked her in the face, stomach and shins. He was wearing steel-capped boots.

The woman managed to run off but Lyver chased her. He leapt across the bonnet of a car to get at her, causing her to fall to the ground. She heard her leg snap, and told him it was broken.

Taken to hospital by her best friend after Lyver left her in that person’s driveway, the woman was found to have a fractured fibula, as well as extensive bruising to her face and neck.

Lyver declined to comment to police.

Judge Cathcart set a starting point of two months for the lead offence — injuring with reckless disregard. He uplifted it by six months for the other charges.

There were uplifts of two months for Lyver’s prior history (exclusive of the youth court matters) and one month for his bail status.

A discount of seven months was applied for Lyver’s compliance on these charges, with 15 months electronically-monitored bail, and a four-month reduction for his guilty pleas.

DUMPED by his girlfriend after just one month because she found him too violent, a man went to her house and launched an assault that broke her leg, Gisborne District Court has heard.

Immediately apologetic, the man piled her into his car. But he didn’t take her to hospital. Instead he drove her to her friend’s house and left her in the driveway.

He was on bail at the time for assaulting another woman.

Brendan Lyver, 26, was jailed for 22 months and was refused leave to apply for home detention.

He pleaded guilty to charges that were renegotiated after a trial had to be aborted due to prejudicial material.

Prosecutor Steve Manning said the complainant did not want to give evidence at a second trial.

The case was resolved after the original charges were reduced.

One of injuring with intent to injure (in relation to the woman’s broken leg) was reduced to injuring with reckless disregard and two counts of assaulting a female were wiped.

Charges of burglary and assault with intent to injure remained unchanged.

Refusing the option for home detention, Judge Warren Cathcart said Lyver had a concerning pattern of violence towards women. He had not been deterred by earlier sentences of imprisonment, the last of which in 2015 allowed him to apply for home detention.

Lyver’s propensity for domestic violence started with notations in the youth court. He had several district court convictions for it.

This latest offending occurred after a woman with whom Lyver had been in a relationship for a month ended it, claiming he was violent and had manhandled her.

Eleven days later, Lyver went to the woman’s house. Seeing him arrive, she locked all the doors, and told him to go. But he entered through a window and caught up with her as she was trying to flee outside.

Swearing and yelling about red marks on her neck, Lyver repeatedly punched the woman and kicked her in the face, stomach and shins. He was wearing steel-capped boots.

The woman managed to run off but Lyver chased her. He leapt across the bonnet of a car to get at her, causing her to fall to the ground. She heard her leg snap, and told him it was broken.

Taken to hospital by her best friend after Lyver left her in that person’s driveway, the woman was found to have a fractured fibula, as well as extensive bruising to her face and neck.

Lyver declined to comment to police.

Judge Cathcart set a starting point of two months for the lead offence — injuring with reckless disregard. He uplifted it by six months for the other charges.

There were uplifts of two months for Lyver’s prior history (exclusive of the youth court matters) and one month for his bail status.

A discount of seven months was applied for Lyver’s compliance on these charges, with 15 months electronically-monitored bail, and a four-month reduction for his guilty pleas.

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