Published 29 March 2019
Sentencing — wounding with intent to cause grievous bodily harm — knife attack — transfer from Youth Court — R v Taueki [2005] 3 NZLR 372. The defendant appeared in District Court for sentencing, having been transferred from the Youth Court, on one charge of wounding with intent to cause grievous bodily harm. The victim was known to the 16 year old defendant. The victim was an adult and they had a strained relationship. On the night of the offending, the victim was intoxicated and was allegedly provoking the defendant. This resulted in a confrontation in which the defendant repeatedly stabbed the victim with a knife, including stabbing his face. The Judge determined a starting point of five years' imprisonment, based on the tariff case of R v Taueki (band 2), case law raised by counsel, and the particular aggravating features of the offending, namely; the use of a knife and the extreme level of repeated, potentially fatal, violence. The Judge granted a 25 percent discount for youth and a 15 percent discount for his guilty plea, bringing the sentence to three years' imprisonment. A further uplift of three months was applied for burglary of a petrol station while facing the violence charge. The final sentence was three years and three months in prison. Judgment Date: 21 March 2018.
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