Sentencing — injuring with reckless disregard — breach of release — unlawfully getting into a motor vehicle — burglary — wilful damage — R v Columbus [2008] NZDC 192 — R v Nuku [2004] BCL 1053 (CA). The defendant, Mr Paul, appeared for sentencing on charges of injuring with reckless disregard for the safety of another, three charges of breaching release conditions, unlawfully getting into motor vehicle, burglary, and wilful damage. Guilty pleas were entered on all these matters. The defendant stole the victim's car and travelled to a store where he and three others tried smash in the window with a rock. However, a metal gate behind the window prevented them from entering and they left in the stolen vehicle, arriving at another store where they again smashed the window with a rock, entered the premises and stole liquor bottles, leaving in the stolen vehicle before being pulled over and arrested. The defendant poured near boiling water over the head, neck and back of the victim of the injuring related offending, while in prison together in August 2016. A fight broke out. The victim suffered burns to his scalp, neck and shoulders and required hospital treatment. The pre-sentence report notes that both the defendant and victim are from rival gangs, making any restorative justice difficult. It also notes that the defendant did not follow the non-association order in relation to known gangs, showed a lack of motivation in addressing his drug and alcohol use, and was assessed as having a very high risk of reoffending. In determining a starting point, the Judge referred to R v Columbus, due to the combined facts of the stolen vehicle, burglary and the smashing into premises, reaching a starting point for the burglary of 18 months. The Judge then applied an uplift for wilful damage and previous convictions, taking it to 26 months for the burglary. Regarding the prison attack, the Judge found the case fell into band 2 of the tariff case R v Nuku and warranted a 30 month starting point, as it involved a high level of premeditation, intent and that the victim was in a vulnerable position. However, the Judge found when applied together the term of 56 months was too much, reducing it to 46 months, and then applied a further reduction for the guilty plea. The defendant was sentenced to three years, two months' imprisonment for the charge of injuring with reckless disregard and concurrently sentenced to 18 months for the burglary. On the other charges of wilful damage, the unlawfully getting into a motor vehicle, and the three charges of breach of release conditions, a concurrent sentence of two months. The total term being three years, two months. Judgment Date: 22 February 2018.