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R v Samu [2019] NZDC 2587

Published 01 October 2019

Sentencing — violence — threatening to kill — assault with a weapon — injuring with intent to cause grievous bodily harm — GBH — three strikes. The defendant appeared for sentence after accepting a sentencing indication on seven separate charges stemming from two separate instances of violence. The first incident involved the defendant assaulting and threatening to kill a disabled man in his building. The second, more serious incident, involved violence against both a male and female complainant. The defendant threatened the female victim with a knife. The male victim tried to intervene but was also threatened and retreated to a different part of the house. The defendant punched the female victim, stomped on her head and strangled her to the point she lost consciousness. The defendant then made the female victim leave with him overnight. She was able to escape and sought hospital treatment for her extensive injuries. The Judge adopted a starting point of six years and nine months' for the offending against the female victim, but uplifted to seven years to reflect the totality of the offending. The Judge granted a discount of 15 per cent for the defendant's own mental health issues and a further 20 per cent for his guilty plea, bringing the end sentence to four years and nine months' imprisonment. Judgment Date: 15 February 2019.