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R v Buchanan [2019] NZDC 3864

Published 05 July 2019

Sentencing — road rage — wounding with intent to cause grievous bodily harm — GBH — assault — three strikes law — sentencing indication — home detention — R v Tuaeki [2005] 3 NZLR 372 — Nuku v R [2012] NZCA 584. The defendant appeared for sentence on two charges stemming from two separate incidents of road rage. The first charge, wounding with intent to cause grievous bodily harm, resulted from the first complainant crashing into the defendant's car, which led the defendant to get out and punch the first complainant 15 times in the head and strike him multiple times on the head and body with a child's folding scooter. The second assault happened two weeks later while the defendant was on bail. The second complainant was driving close behind the defendant. The defendant stopped, got out and punched the complainant in the head then got a baseball bat from his car, causing the complainant to flee. In adopting a starting point of four years' imprisonment, the Judge identified the aggravating features as being the extent of the violence, the serious injuries to the first complainant and the attack to the head. The Judge applied an uplift of two months to reflect the second assault. The Judge granted a discount of 15 months for his young age (21 years old), his struggles with mental illness and his remorse, in addition to 20 per cent for his guilty pleas. The Judge considered the best option was home detention, not prison, given his personal circumstances and chances for rehabilitation. The defendant was ultimately sentenced to home detention for 12 months, 80 hours community work for the common assault and given a three strikes warning. Judgment Date: 4 March 2019.