Published 06 May 2019
Sentencing — intentional wounding causing grievous bodily harm — domestic violence — three strikes warning — Crimes Act 1961, s 196 — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentencing on charges of intentional wounding causing grievous bodily harm and other domestic violence charges. The complainant was severely beaten by the defendant after he intervened in an argument between the defendant and another. The complainant suffered a significant brain injury and now requires 24 hour residential care with no prospect of recovery. The Judge identified four aggravating features to the offending: namely the extreme violence perpetrated; the offending involved an attack to the head; it involved serious injury; and it involved a vulnerable victim, the violence continuing after the complainant was rendered unconscious. The Judge determined the case fell into higher band 2 or lower band 3 of R v Taueki, and fixed a starting point of nine years' imprisonment. The Judge granted a 25 percent discount for an early guilty plea, bringing the end sentence on the lead charge to six years and nine months' imprisonment. Judgment Date: 9 February 2018.
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