Published 22 March 2019
Sentencing — new offence — strangulation — domestic violence — assault on a person in a family relationship — assault with a weapon — Crimes Act 1961, s 189A — Nuku v R [2012] NZCA 584 — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentencing on charges of strangulation, assault on a person in a family relationship, and assault with a weapon. The defendant got into an argument with the first victim which escalated to the defendant slapping the first victim across the face four or fives times and then he put his hands around the first victim's neck and strangled her, causing her to fall unconscious. When the first victim regained consciousness and fled the property, the second victim intervened, at which point the defendant put a knife to the second victim's neck, causing a superficial cut before the defendant returned indoors. The Judge, in determining the starting point, had to confront s 189A of the Crimes Act, a newly enacted charge intended to increase the maximum sentence for strangulation cases. The Judge noted the aggravating features of the offending were the presence of young children and offending in the home, the threat to the first victim during the offending, the prolonged nature of the offending, in that it included an earlier incident of slaps to the face. The Judge reached a starting point of three years six months, which was uplifted for six months for the knife offending against the second victim. The Judge was not persuaded for make a reduction for remorse, but did make a reduction of four months for the defendant's mental health issues and a full 25 percent discount for an early guilty plea. The final sentence was two years, nine months' imprisonment. Judgment Date: 8 March 2019.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›