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R v Mason [2018] NZDC 5661

Published 08 April 2019

Sentencing — wounding with intent to cause grievous bodily harm — GBH — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentencing on one charge of wounding with intent to cause grievous bodily harm. The victim had a sexual relationship with the defendant's husband, leading the defendant to go to the victim's property, wait for her, then seriously attack her. In determining the starting point, the Judge considered the leading case of R v Taueki and identified this offending as falling into lower band 3. The aggravating features included the extreme level of violence (including injuries to the head), the moderately serious injuries to the victim, and the victim's vulnerability in being attacked outside her home at night. This warranted a starting point of nine years. The Judge gave a six month uplift for the defendant's prior convictions and gave discounts of 28 months for the guilty plea and 12 months for the defendant's cooperation with Police, remorse and mental health difficulties. The final sentence was six years two months' imprisonment. Judgment Date: 21 March 2018.