district court logo

R v Olsen [2022] NZDC 20802

Published 21 April 2023

Sentencing — assault with intent to injure — gang fight — Solomon v R [2019] NZHC 2916 — Apiata v New Zealand Police [2021] NZHC 3224 — R v Kahia [2015] NZHC 344. Three defendants appeared for sentencing on charges of assault 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 first defendant had repeatedly punched one of the victims, kicked another who was lying on the ground, and kicked and repeatedly punched a third victim. The second defendant had kicked a victim who was lying on the ground and then punched him at least five times. The third defendant punched a victim about nine times and then repeatedly punched a second victim who was lying on the ground. 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 first defendant, the Court set a start point of one year nine months' imprisonment. He earned reductions for personal matters, guilty plea and time spent in custody on bail. His final sentence was three months' community detention and 12 months' supervision. For the second defendant, the start point was 18 months' imprisonment, reduced for guilty plea and time spent in custody to a final sentence of two months' community detention. For the third defendant, the start point was one year four months' imprisonment, reduced to 12 months because of a guilty plea. Judgment Date: 28 September 2022.