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R v Himiona [2019] NZDC 16064

Published 15 July 2021

Sentencing — injuring with intent to cause grievous bodily harm — injuring with intent to injure — assault with intent to injure — R v Taueki [2005] 3 NZLR 372 — Sentencing Act 2002, s 27. The defendant appeared for sentence after pleading guilty to one charge of injuring with intent to cause grievous bodily harm, three of injuring with intent to injure and one of assault with intent to injure. He had kicked the victim in the head and then repeatedly struck her with an object. In another incident he punched the victim in the eye. At the final incident of offending he kicked the victim, knocking her unconscious, then repeatedly punched her in the head and face, dragged her down a set of stairs, stomped and kicked her in the head, and attacked several other people who tried to intervene. With regards to the lead charge of injuring with intent to cause grievous bodily harm, the aggravating features were serious and sustained violence, attack to the head, and a vulnerable victim. The Court set a start point of four years' imprisonment on this charge, and added a one-year uplift for the remainder of the offending. The Court then applied discounts for matters identified in a s 27 report (deprived upbringing) and guilty plea. The final sentence was three years 10 months. Judgment Date: 16 August 2019.