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R v Matenga [2019] NZDC 2042

Published 22 August 2019

Sentencing — aggravated burglary — assault with a weapon — common assault — wounding with intent to cause grievous bodily harm — possessing an offensive weapon — possession of methamphetamine — unprovoked assault — home invasion — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentence on a range of charges arising from two incidents. He and another person had attacked a group of people without provocation. The defendant had threatened a woman with a knife, punched another person and then helped his co-offender to attack a third person with an axe. This victim was seriously injured and required hospital care. In the second incident the police had stopped the defendant's car and found that he was carrying a range of weapons as well as methamphetamine. The aggravating features of the offending were the high level of violence, serious injury caused, use of weapons, group offending and home invasion. The Court set a start point of six years nine months and applied an uplift of three months for the charges arising from the second incident and an additional three months for breach of release conditions and offending while on release conditions. The Court applied a 20 per cent discount for having pleaded guilty, resulting in an overall sentence of five years ten months. Judgment Date: 5 February 2019.