Published 27 March 2019
Sentencing — injuring with intent to injure — Crimes Act 1961, s 189(2) — Nuku v R [2012] NZCA 584. The defendant appeared for sentencing having been found guilty on a charge of injuring with intent to injure. The defendant struck the victim in the face with a sledgehammer, resulting in injuries to the victim's face and mouth. The defendant had eight previous violence convictions. The aggravating features identified were that it was an attack to the head, a weapon was used, the serious nature of the injuries sustained, and premeditation. The Judge determined that this offending fell into band 3 of R v Nuku, and warranted a starting point of three years' imprisonment. The Judge uplifted four months for prior offending, but offset it with a discount for the defendant's health issues, which would make prison more difficult. The end sentence was three years imprisonment. Judgment Date: 20 March 2018.
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