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R v Simon [2024] NZDC 17563

Published 06 November 2024

Sentencing — wounding with intent to cause grievous bodily harm — injuring with intent to injure — theft — mental impairment — Sentencing Act 2002, ss 8 & 9 — R v Taueki [2005] 3 NZLR 72 — Pink v R [2022] NZCA 206 — Saber v R [2010] NZCA 603 — L (CA719/17) v R [2019] NZCA 13 — E (CA 689/2010) v R [2010] NZCA 13 — Asiata v R [2020] NZCA 53 — R v Simon [2022] NZDC 17998 — R v M [2008] NZCA 148. The defendant appeared for sentence on two charges of injuring with intent to injure, and one each of wounding with intent to cause grievous bodily harm and theft. The charges arose from two incidents. In the first, the defendant and his brother got into an altercation with a stranger (the first victim). The defendant struck the first victim twice with a pair of pliers, and then kicked him when he fell to the ground. In the second incident, the defendant went to a Burger King armed with a knife. He immediately began to stab a 16-year old Burger King employee, leaving him with life-threatening injuries. The defendant then jumped over the counter where he began to demand money, and then stabbed a second Burger King employee before eventually leaving empty-handed. Aggravating features of the lead charge of wounding with intent to cause grievous bodily harm were causing serious injury, vulnerable victim, use of a weapon, extreme violence, and attempting to commit a crime (robbing the Burger King). The start point for sentence was nine years' imprisonment. This was uplifted to 11 years three months because of the other charges. The start point was then adjusted to seven years and 10 months for the defendant's mental impairment. There were additional mitigating features: the hardship that the defendant's mental impairment would cause him in prison, his troubled upbringing, his remorse and willingness to attend restorative justice, and his guilty plea. The final sentence was three years and nine months' imprisonment. Judgment Date: 24 September 2024.