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R v Hopoate [2018] NZDC 17555

Published 29 March 2019

Sentencing — wounding with intent to cause grievous bodily harm — domestic violence — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentencing having pleaded guilty to one charge of wounding with intent to cause grievous bodily harm. The defendant had recently moved into shared accommodation with the victim, his partner, when the victim woke from a bad dream. This woke the defendant, who got up, turned on the lights, and the picked up a piece of four by two timber and struck the victim over the head with sufficient force to break the timber into two pieces. The defendant then continued the assault until the victim fled to the neighbours' property and called the police. The Judge determined the starting point to be six years, as the offending sat towards the lower end of band two of Taueki. The Judge made a 10 month reduction for the defendant's remorse, and a 25 percent reduction for his guilty plea. However no reduction was granted for previous good character, due to the defendant's previous conviction for wilful damage in 2009. The final sentence was three years, 10 months and two weeks. Judgment Date: 20 August 2018.