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R v Rakena [2018] NZDC 5014

Published 05 April 2019

Sentencing — wounding with intent to cause grievous bodily harm — R v Taueki [2005] 3 NZLR 372 — Paterson v R [2014] NZCA 235 — R v Wickliffe-Brown [2013] NZHC 940. The defendant appeared for sentence after pleading guilty to one charge of wounding with intent to cause grievous bodily harm. She had been at a party where she argued with the victim, causing him to go home. She then went to his address the next day to continue the argument, during which she seized a knife and stabbed him in the back. The aggravating features of the offending were use of a weapon, serious harm, and a vulnerable victim (his back was turned at the time of the attack). Reviewing the authorities, particularly R v Taueki, the Court reached a starting point of five years' imprisonment, plus a three-moth uplift for the defendant's previous violence convictions. With a three-month discount for remorse and a 25 percent discount for an early guilty plea, the final sentence was three years nine months' imprisonment. Judgment Date: 15 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *