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R v Ramirez [2018] NZDC 18130

Published 31 May 2019

Sentencing — wounding with intent to cause grievous bodily harm — R v Taueki [2005] NZCA 146 — E v R [2010] NZCA 13 — Sentencing Act 2002, ss 7, 8. The defendant appeared for sentence on a charge of wounding with intent to cause grievous bodily harm. After meeting the victim, who was not known to him, he suddenly pulled out a knife and stabbed the victim in the throat. The victim needed surgery and was in hospital for six days. The aggravating features were extreme violence, premeditation, use of a knife, and attack to the head. The Court set a starting point of eight years' imprisonment. The Court reduced the sentence by two years for mitigating factors (the defendant's youth, serious mental health issues, remorse and willingness to rehabilitate), and by another 18 months for the defendant's guilty plea. The final sentence was four years six months' imprisonment.