R v Gemmell [2017] NZDC 13144

Published 15 November 2017

Sentencing — injuring with intent to injure — assault with intent to injure — male assaults female — possession of an offensive weapon — domestic violence. The defendant was sentenced having pleaded guilty to 12 charges; including charges related to assaults on the victim (being dragged and thrown by her hair, punched, stomped and threatened with an axe and a butchers knife) that occurred over a two year period. In sentencing, the court took into account the use of a weapon, attacks to the head and the duration and frequency of the offending. The injuries that the victim received were characterised by the court as "moderately serious". An uplift was given for the defendant's previous convictions. The court noted the defendant's expression of remorse and offer to participate in restorative justice; a full discount was also applied in respect of the defendant's early guilty plea. On the charges of male assaults female, the defendant was sentenced to one year imprisonment, on the remaining charges the defendant received a total sentence of two years and nine months' imprisonment with all sentences to be served concurrently. Judgment Date: 19 June 2017.