Published 12 December 2018
Sentencing — wounding with intent to injure — injuring with intent to cause grievous bodily harm — threat to kill — use of weapon — R v Taueki [2005] 3 NZLR 372 — Nuku v R [2012] NZCA 584. The defendant faced sentence for a number of charges arising from several incidents. In the first incident the defendant began arguing with the victim, threatened to kill her, and put his arm around her neck blocking her air passage for some 30 seconds. Several months later he texted the victim a threat to kill her and the baby she was carrying. The second incident occurred while the defendant was on bail for the previous offending. On this occasion he became involved in an altercation with three people, during which he attacked all three of them with a knife, causing injuries of varying severity. Aggravating features of the offending included unprovoked attacks, use of a weapon and serious injury. There were no mitigating features. Taking into account that the victim in the first incident was pregnant at the time, that he blocked her air passage, and that the second incident occurred while he was on bail, the court reached a sentence of 59 months. The defendant got credit for lack of previous convictions, for youth, for serving a sentence in a foreign country, and for his guilty plea. This reduced the sentence to 37 months. The defendant got a further three and a half month reduction for remorse and efforts at rehabilitation. The final sentence was 34 months imprisonment. Judgment Date: 12 February 2018.
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