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R v Gavin [2018] NZDC 7909

Published 16 May 2019

Sentencing — injuring with intent to cause grievous bodily harm — GBH — dog attacks person — assault with a weapon — R v Taueki [2005] 3 NZLR 372. The two defendants appeared for sentencing on charges relating to violent offending against multiple victims. The first defendant faced one charge of assault with a weapon and one charge of being an owner of a dog that attacks a person. The second defendant faced sentencing on one charge of injuring with intent to cause grievous bodily harm and assault with a weapon. The defendants had a history with the victims and got into a heated argument with one of the victims. Another of the victims was driving past and pulled over. This led to the defendants and the first victim agreeing to meet elsewhere for a fight, which the victim assumed would be one on one. However, when the first victim arrived, he was confronted by multiple opponents armed with weapons and a dog. The second defendant shot the first victim in the face with a gas-power slug gun and threw a hammer that hit his arm. The second defendant released his dog on the same victim. The other victims entered the fight but ultimately they retreated and went to hospital. The Judge fixed a starting point of 15 months' imprisonment for the first defendant with a three month uplift for his previous convictions. The Judge granted a discount for his guilty plea, bringing the end sentence to 14 months and the destruction of the dog. The second defendant's offending was assessed by the Judge as reaching upper band 2 / lower band 3, per R v Taueki. He was given a starting point of five years' imprisonment but allowed a 25 percent discount for his guilty plea, bringing his end sentence on the grievous bodily harm charge to four years and two months, with the remaining charge served concurrently. Judgment Date: 20 April 2018.