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R v Barnes [2019] NZDC 3967

Published 23 August 2019

Sentencing — wounding with intent to cause grievous bodily harm — GBH — male assaults female — offending on bail — sentencing indication — R v Taueki [2005] 3 NZLR 372. The defendant faced sentencing on charges relating to two incidents; offending resulting in grievous bodily harm and a subsequent assault while on bail of the defendant's then partner. The first victim was the defendant's partner's stepbrother. The stepbrother was invited to the partner's home, where he stayed the night. During the night the partner checked on her child and found the stepbrother sleeping in their room as well. The partner panicked, believing something sexually inappropriate may have happened, and called the defendant who drove to the house and violently assaulted the victim. The defendant admitted to stomping on the victim's head anywhere between 12 and 30 times. The victim suffered significant injuries including bleeding on the brain and was taken to hospital, where he remained for two weeks. The defendant's partner was the victim of the second offending. The defendant was head-butted and later thrown to the ground spat on and struck on the face. The Judge found the offending to fall into band 2 of R v Taueki given the aggravating features of the offending, namely; the sustained attack to the victim's head, the vulnerability of the victim, the extreme violence and the significant injuries requiring hospitalisation. The Judge adopted a starting point of six and a half years' imprisonment, in accordance with the previously accepted sentencing indication. The sentencing indication provided for a 50 percent reduction which encompassed the defendant's early guilty plea, steps the defendant had taken while in custody, and his personal circumstances. The Judge also granted a further month reduction to reflect the defendant's limited remorse, bringing the end sentence to three years and two months' imprisonment. Judgment Date: 4 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *