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R v Hugo [2018] NZDC 18168

Published 10 June 2019

Sentencing — injuring with intent to cause grievous bodily harm — commission of a crime with a firearm — threatening to kill — R v Taueki [2005] 3 NZLR 372 — R v Singh [2015] NZHC 1641. The defendant appeared for sentence having been found guilty of injuring with intent to cause grievous bodily harm, commission of a crime with a firearm, and threatening to kill. He and a co-offender had tricked the victim into going on an excursion with them in a car. The defendant and the co-offender then got out of the car, and the defendant returned with a firearm and threatened to kill the victim in revenge for giving evidence in a trial. The victim managed to escape but the defendant and the co-offender attacked and injured him while he was doing so. The Court noted that the offending was serious and was aggravated by premeditation, attack to the head, multiple offenders, and being motivated by retribution. The Court set a start point of five years on the lead offence of injuring with intent to cause grievous bodily harm, and uplifted it by six months for the other charges and the totality principle, and a further three months for previous convictions. With no mitigating features, the final sentence was five years nine months' imprisonment. Judgment Date: 29 August 2018.