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R v Cramond [2019] NZDC 443

Published 26 August 2019

Sentencing — causing grievous bodily harm with intent to cause grievous bodily harm — threatening to kill — attempting to prevent the course of justice — extreme violence — persistent violence — unprovoked violence — gratuitous violence — vigilante action — R v Taueki [2005] 3 NZLR 372. Two defendants appeared for sentence after being found guilty on charges of causing grievous bodily harm with intent to cause grievous bodily harm. The first defendant was also found guilty of threatening to kill and attempting to prevent the course of justice. They had attacked a man (the first victim) in revenge after the second victim alleged he had been violent towards her. They kicked, punched and stomped on him. They also rubbed gravel and cow manure into his eyes and mouth. The Court characterised the offending as vigilante action. The first defendant then threatened to kill both the victims and later threatened the second victim again in an attempt to stop her from talking to the police. The offending fell into band 3 of R v Taueki, as the violence meted out to the first victim was extreme, persistent, unprovoked and gratuitous. The Court also accepted the Crown's submission that the violence was degrading and demeaning. The first victim was seriously harmed, his sight was permanently damaged, he suffered memory loss and speech difficulties. The Court reached a start point for sentence of 11 years' imprisonment for both defendants. The first defendant's sentence was uplifted by 12 months for the other charges, and then reduced by four months for expression of remorse, for a total of 11 years eight months. The Court ordered a minimum period of imprisonment of 50 percent for the first defendant, who had instigated the violence. The second defendant's sentence was uplifted by three months for previous violence convictions, where it remained in the absence of any mitigating factors. The Court imposed a minimum non-parole period of 50 percent on both defendants. Judgment Date: 15 January 2019.