Published 24 May 2024
Sentencing — assault — threatening to kill — obstructing police — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — Allan v Police, CRI-2011-412-37. The defendant was to be sentenced after pleading guilty to charges of driving while disqualified, assault, obstructing police and threatening to kill. The offending happened over three separate occasions. The defendant was a member of a local gang and had picked out the first victim's house to use as a gang pad, despite the victim not wanting them to live there. The gang moved in after threatening and ignoring the victim, and was particularly threatening when the victim would show up at the house to collect rent. The defendant later arrived at the victim's home, accused her of speaking to the police and then threatened to kill her horses and pets, burn her car and burn her house. Months later firefighters and police responded to a fire on the property next to the gang pad. The defendant and fellow gang members obstructed the firefighters and police, and upon seeing his friend being arrested the defendant attacked a police officer, then attacked a photographer who was documenting the event. A starting point of three years was established, with aggravating factors such as the vulnerability of the first victim and the premeditation of the offending increasing the sentence to five and a half years. Mitigating factors of an early guilty plea and details from the cultural report brought the final sentence back down to three years. Judgment Date: 7 March 2023
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