Published 21 September 2021
Sentencing — wounding with intent to cause grievous bodily harm — injuring with intent to injure — R v Taueki [2005] 3 NZLR 372 — Sentencing Act 2002, s 27 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38. The defendant appeared for sentence on one charge of wounding with intent to cause grievous bodily harm and one of injuring with intent to injure. He had got into a fight, knocked the victim to the ground and then stomped on his head. When the victim's friend attempted to intervene, the defendant knocked him to the ground too then struck his head and face. The first victim suffered a traumatic brain injury and the second a broken jaw. Features of the offending were serious violence, attack to the head, vulnerable victims and causing significant harm. The start point for sentence was six years three months. Mitigating factors included the defendant's remorse, of previous good character, difficulties he would have serving a sentence, his difficult upbringing and health problems. With a further discount for guilty plea, the final sentence was three years nine months. Judgment Date: 17 June 2019.
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