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New Zealand Police v Levao [2021] NZDC 4893

Published 15 February 2022

Sentencing — common assault — unlawful assembly — domestic violence — gang offending — intimidating members of public — Sentencing Act 2002. The defendant appeared for sentence on charges of common assault and unlawful assembly. He and his partner had been together in a car when they began to argue, and the defendant reacted by punching his partner in the face. The charge of unlawful assembly arose when the defendant, together with others who were wearing gang patches, demanded a refund at a restaurant on the grounds that they had found a needle in their food. The defendant's group became threatening and abusive toward the restaurant's staff and customers, and blocked access to the restaurant counter. The first charge was aggravated by offending while on bail, vulnerable victim and attack to the head. The Court observed that the latter charge showed a disregard for the law and involved intimidation of members of the public who had done nothing wrong. The start point for sentence on the assault charge was five months' imprisonment, uplifted by another four months for the unlawful assembly charge. In mitigation, the defendant had pleaded guilty and made efforts at rehabilitation. The final sentence was six months' imprisonment. Judgment Date: 16 March 2021