Sentencing — injuring with intent to injure — shooting — air rifle — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — R v Taueki [2005] 3 NZLR 372 — Allerby v Police [2012] NZHC 622 — Stirling v Police HC Nelson CRI-2011-442-37, 8 December 2011. The defendant appeared for sentence on a charge of injuring with intent to injure. He had shot an eight-year old boy with an air rifle. The victim had required hospital treatment and surgery. The Court observed that the offending suggested that the defendant had a "troubled mindset". The offending was aggravated by extreme, unprovoked and gratuitous violence against a vulnerable victim. The start point for sentence was two years eight months' imprisonment. In mitigation the defendant had pleaded guilty, suffered mental health problems, expressed remorse and had been willing to engage in restorative justice. The Court refused to allow a discount for the fact that the defendant had been victim of a vigilante assault after the shooting. The final sentence was 22 months' imprisonment. The Court allowed the defendant leave to apply for home detention, but stipulated that any home detention was not to be served at the defendant's usual residence, as the victim and his family lived nearby. Judgment Date: 22 October 2020.