Published 06 March 2019
Sentencing — injuring with intent to cause grievous bodily harm — attempting to pervert the course of justice — breach of release conditions — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentence on charges of injuring with intent to cause grievous bodily harm, attempting to pervert the course of justice, and breach of release conditions. He had argued with the victim of the injuring charge, strangling her twice and causing her to lose consciousness. He later contacted the victim to ask her to drop the charges against him, giving rise to the charge of attempting to pervert the cause of justice. The breach of release conditions was that he had contact with the victim without the consent of his probation officer. The court found that aggravating features included the use of violence, significant harm to the victim, abuse of trust, and previous convictions. The court concluded that the offending fell into the top end of band one of R v Taueki, observing that the acts of strangulation could have been fatal. The defendant earned a five percent discount for pleading guilty to the perverting the course of justice and breach of release conditions offences, for a total sentence of six years' imprisonment. The court also set a minimum period of imprisonment of half of the six-year sentence. Judgment Date: 15 March 2018.
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