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R v Eru [2022] NZDC 11976

Published 22 November 2024

Sentencing — assault on a prison officer — wounding with intent to cause grievous bodily harm — wounding with intent to injure — stabbing — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentence on charges of assault on a prison officer, wounding with intent to cause grievous bodily harm, and wounding with intent to injure. The charges arose from two incidents. In the first, which occurred while the defendant was incarcerated, he had punched a prison officer in the face without apparent provocation. In the second incident, the defendant had stabbed two members of his family, one of them once and the other five times. The defendant had problems with substance abuse and mental illness, but there was no clear link between these problems and his offending. The aggravating features were actual violence, use of a weapon, offending on bail and previous convictions. The start point for sentence was eight years three months' imprisonment. With reductions for guilty plea, background factors and mental health issues, the final sentence was four years one month's imprisonment. Judgment Date: 27 June 2022