Published 15 February 2022
Resentencing — wounding with intent to cause grievous bodily harm — self defence — family violence — stabbing — Sentencing Act 2002, ss 7, 8 & 38 — R v Taueki [2005] 3 NZLR 372 — Mareikura v R [2012] NZCA 108 — Karawana v R [2013] NZCA 516 — Robin v R [2013] NZCA 330 — Flavell v R [2011] NZCA 361 — Solicitor-General v Heta [2018] NZHC 2453 — Solicitor-General v Napia [2019] NZHC 742 — Hessell v R [2010] NZSC 135 — Levy v R [2014] NZCA 87. In October 2017 the defendant had been sentenced to five years and six months' imprisonment after being found guilty by a jury of wounding with intent to cause grievous bodily injury. After a party she had stabbed her partner multiple times. She had successfully appealed the sentence to the Court of Appeal where that original sentence was quashed and sent back to the Judge for resentence. The basis of that Court of Appeal decision was that the District Court Judge did not have access to information suggesting the offending happened in the context of self defence in a violent domestic relationship. The original starting sentence was eight years imprisonment, with a reduction of two and half years (or 31 per cent) for mitigating factors. The same three aggravating features (extreme violence, use of a weapon and serious injury) of the offending were still present, placing the offending in band 2 of R v Taueki, the guiding tariff case. This suggested the appropriate starting sentence was still eight years imprisonment. However, this was reduced 20 per cent to account for the new information related to self defence. The new starting sentence point was six and half years. As at the original sentencing, there were no aggravating factors warranting uplift. The same mitigating factors were also present. These were the defendant's deprived upbringing with gang influences, the dysfunctional domestic relationship and the prospect of rehabilitation. After reference to case law, a 30 per cent reduction was given for these features, taking the sentence to four years and six months. A further three months was given for the defendant's remorse. The end result was four years and three months' imprisonment. Judgment Date: 18 October 2019.
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