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R v Marsh [2018] NZDC 13840

Published 26 August 2019

Sentencing — wounding with intent to injure — injuring with intent to injure — aggravated assault — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — R v Taueki [2005] 3 NZLR 372 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607 — Ormsby v Police [2014] NZCA 73 — R v Thomas (2003) 20 CRNZ 538 — Parole Act 2002, s 84. The defendant appeared for sentence after pleading guilty to charges of wounding with intent to injure, injuring with intent to injure, and aggravated assault. He had become involved in an altercation with two police officers who were investigating a speeding car. The car stopped and the defendant got out. The driver then became aggressive towards the officers, who sprayed and tasered him. The defendant then attacked the officers using a steel pole, while they were trying to handcuff the driver. Both officers were injured in the attack, one had to undergo surgery, and both suffered emotional harm. The aggravating features of the offending were attacks on police officers in the course of their duties, use of a weapon, and attacks to the head. The Court set a start point for sentence of four years' imprisonment and added uplifts for previous offending. With discounts for remorse and guilty plea, the final sentence was four years two months. The Court declined to set a minimum parole period. Judgment Date: 9 July 2018.