Published 30 August 2018
Domestic violence — injuring with intent to cause grievous bodily harm — kidnap — threatening to kill — injuring with intent to injure — male assaults female — sentencing — R v Taueki [2005] 3 NZLR 372 (CA) — R v Hayes CA171/06 — Police v Mahutoto HC Auckland CRI-2011-404-11 — R v Nuku [2004] BC: 1053 (CA) — R v Clarke CA128/06. The defendant appeared for sentence on charges that related to incidents of domestic violence perpetrated by him against the victim on several distinct occasions. On the first and most serious occasion, the defendant kidnapped, threatened to kill and injured the victim with the intent to cause grievous bodily harm. The defendant assaulted the victim at an address until it was decided that they should leave. The attack continued in the car, with the defendant punching the victim to the head and threatening to kill her, a threat which the victim took seriously. Aggravating factors of that offending included attacks to the head, kidnapping, the amount of harm caused to the victim and her vulnerability. In respect of that offending, the court took a starting point of three years and six months' imprisonment, applying uplifts to reflect the other offending, which included an assault where, in front of a child, the defendant choked the victim for a short time. No discounts were given and the defendant was sentenced to a total period of imprisonment of five years and six months. Judgment Date: 23 January 2018.
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