Published 17 May 2023
Sentencing — injuring with intent to injure — attack on lawyer — attack in courthouse — rule of law — Sentencing Act 2002, ss 8(d) & 27 — Crimes Act 1961, s 189(2) — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentence on a charge of injuring with intent to injure. He had attacked a lawyer in the lift of the Whangarei Family Court. He punched and kicked the victim numerous times, causing the victim various injuries as well as ongoing trauma. The Court considered that to attack a lawyer in a courthouse was a significant aggravating factor, as was the high level of violence used, the attacks to the head, and the injuries to the victim. The start point for sentence was four years' imprisonment. In mitigation the defendant had pleaded guilty and was of previous good character. The final sentence was two years seven months' imprisonment. The Court commented that it would not have sentenced the defendant to home detention even if this had been an option. The seriousness of the offending required a sentence of imprisonment. Judgment Date: 5 May 2023
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