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R v Jury [2023] NZDC 4254

Published 22 August 2023

Sentencing — wounding with intent to cause grievous bodily harm — injuring with intent to injure — assault with intent to injure — gunshot wound — prison assault — Nuku v R [2013] 2 NZLR 39 — Berkland v R [2022] NZSC 143 — R v Amohanga [2021] NZHC 1121 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607. The defendant was for sentence on charges of wounding with intent to cause grievous bodily harm, injuring with intent to injure and assault with intent to injure. While in prison, he had joined in two serious group attacks on a fellow inmate. The Court observed that these offences had involved a high level of violence against an outnumbered and vulnerable victim. In a separate incident the defendant had gone to a private address where synthetic cannabis was being sold, and had shot the occupant in the thigh. The victim of that offence suffered serious physical and psychological injuries as a result; the Court stated that the injuries could have easily been fatal. The start point for sentence was nine years' imprisonment for the shooting, uplifted to 12 years for the prison assaults. The Court reduced the sentence to nine and a half years' imprisonment for the defendant's guilty plea. Finally, the Court declined to impose a minimum sentence of imprisonment in recognition of the defendant's background circumstances and his potential for rehabilitation. Judgment Date: 8 March 2023