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R v Kuea [2018] NZDC 20670

Published 23 July 2019

Sentencing — wounding with intent to cause grievous bodily harm — breach of protection order — R v Taueki [2005] 3 NZLR 372 — Sentencing Act 2002. The defendant appeared for sentence on one charge of wounding with intent to cause grievous bodily harm and one charge of breach of a protection order arising from an unrelated incident. The defendant and a co-offender became involved in an altercation with a third person. The victim's face was seriously injured when the co-offender slashed him with a knife and the defendant attacked him with a wineglass. The victim had to undergo several surgeries and suffered permanent damage to his face. In the second incident, the defendant argued with another person (who had an existing protection order against him), began to drive in a dangerous manner and threatened to crash the car. The aggravating features of the first incident were serious injury, attack to the head, use of a weapon, and group offending. The starting point was seven years' imprisonment, with a six-month uplift for previous convictions. The defendant earned discounts for remorse and guilty plea, meaning a final sentence of four years seven months. A concurrent sentence of six months' imprisonment was imposed in relation to the breach of protection order. Judgment Date: 28 September 2018.