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R v Aitken [2021] NZDC 24869

Published 01 May 2023

Sentencing — injuring with intent to cause grievous bodily harm — threatening to kill — vigilante attack. The defendant appeared for sentence on charges of injuring with intent to cause grievous bodily harm and threatening to kill. He had attacked the victim in a public place, on the belief that the victim had assaulted the defendant's son. During the attack the defendant punched the victim repeatedly and threatened to kill him if he didn't leave town. After the victim lost consciousness, the defendant continued to punch, kick and stomp him before eventually leaving. The victim received multiple injuries in the attack, including loss of sight in one eye, and was also traumatised. The offending was aggravated by extreme violence, premeditation, attack to head, vulnerable victim, and prior convictions. The start point was seven years' imprisonment, uplifted another six months for the threat to kill and prior convictions. The Court made reductions for guilty plea, background factors, remorse and efforts at rehabilitation. The final sentence was four years nine months' imprisonment. Judgment Date: 15 December 2021.