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R v Clunie [2022] NZDC 19144

Published 21 April 2023

Sentencing — injuring with intent to injure — assault — gang fight — Solomon v R [2019] NZHC 2916 — Apiata v New Zealand Police [2021] NZHC 3224 — Nuku v R [2012] NZCA 584. Four defendants appeared for sentence on charges of assault and injuring with intent to injure. They were either members or associates of a gang, and had attacked members of a rival gang (the victims) after encountering them outside a court house. The offending included the defendants punching, kicking and stomping on the victims. The aggravating features of the offending were: unprovoked and serious violence, group offending, attacks to the head, vulnerable victims (in that the victims were clearly outnumbered), offending in public and creating a risk to others, causing injuries, and offending as part of a gang. However the Court had previously found that the offending had not been planned or premeditated. Sentencing the defendants individually, the Court imposed sentences ranging from three months to nine months' home detention. The sentences varied depending on the differing severity of the defendants' actions. The Court also imposed special conditions on one of the defendants to allow him to continue in his full-time employment. Judgment Date: 28 September 2022.