Published 18 April 2024
Sentencing — threatening to kill — assault with intent to injure — wounding with intent to injure — R v Nuku CA287/04, 21 October 2004 — Maihi v R [2016] NZCA 205. The defendant was to be sentenced after pleading guilty to charges of assault and wounding with intent to injure, and threatening to kill. The offending occurred over multiple occasions, the first of which involved the defendant punching the victim in the head while driving, then locking her and their child in a room. The second incident involved the defendant putting shoes on and then kicking the victim's head until she was unconscious, hitting her in the throat and elbowing her in the head. When the victim regained consciousness the defendant punched her in the face, breaking her nose. The aggravating factors of the offending that the Court identified were the targeting of the head, the vulnerability of the victim, and the physical and psychological damage on both the victim and their child. The starting point was set at four and a half years' imprisonment. Discounts were given for the defendant's guilty plea and matters from the cultural report, reducing the final sentence to three years and four months' imprisonment. Judgment Date: 27 September 2023
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