district court logo

New Zealand Police v Upu [2020] NZDC 630

Published 13 January 2025

Sentencing — male assaults female — assault — breach of intensive supervision — failing to answer District Court bail — injuring with intent to cause grievous bodily harm — family violence — vulnerable victim — violence against women — assault with intent to injure — possession of a knife in a public place — R v Taueki [2005] 3 NZLR 372 — Crimes Act 1961 — Sentencing Act 2002. The defendant appeared for sentence on numerous charges including one of assault, one of male assaults female, one of assault with intent to injure and one of injuring with intent to cause grievous bodily harm. The charges arose from three seperate incidents and the victims were the defendant's former partner and her father. In two of the incidents the defendant attacked his victims after arguing with them, and in the third the defendant attacked the victim without provocation after seeing her in a public place. The latter offending included repeatedly hitting the victim with a hammer. On the lead chrage of injuring with intent to cause grievous bodily harm, the aggravating features were extreme violence, attacks to the head, use of a weapon, offending in a family violence context and a vulnerable victim. The Court set a start point of four and a half years' imprisonment, with uplifts for the remainder of the offending, previous convictions and offending while on bail taking the total start point to five years five months. The Court applied discounts for the defendant's guilty pleas and for matters raised in the defendant's cultural report (suffering sever abuse during his childhood). The final sentence was three years one month. Judgment Date: 16 January 2020.