Published 05 April 2019
Sentencing — breach of protection order — injure with intent to cause grievous bodily harm — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentencing on charges of injuring with intent to cause grievous bodily harm and breaching a protection order. The defendant punched and kicked the victim in the head, while intoxicated, resulting in injuries requiring hospitalisation. The defendant had previously rejected a sentencing indication given by the Judge. The aggravating features of the offending were that the attack was to the victim's head, the fact there was a protection order in place and yet the defendant went to the victim's home where young children were present, and the serious injuries and significant harm that came to the victim. The Judge assessed the offending to fall at the top end of band 1 or lower end of band 2, per the Taueki decision, and began with a starting point of five years' imprisonment. The Judge applied a nine month uplift recognising the defendant's prior offending and that the offending happened while on bail. Due to the timing of the guilty plea, the Judge held the defendant was only entitled to a 12 percent discount, bringing the end sentence on the lead charge to five years, and 18 months concurrent for the breach of the protection order. Judgment Date: 21 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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