Published 11 September 2024
Sentencing — caused grievous bodily harm with intent to cause grievous bodily harm — gang offending — Sentencing Act 2002 — R v Taueki [2005] 3 NZLR 372. The defendant was to be sentenced on a charge of causing grievous bodily harm with intent. He was a member of Black Power, and the victim was a Mongrel Mob associate who had attracted the attention of the defendant and others by the fact that he was wearing red shoes. The defendant and his associates took exception when the victim made a gang sign, and they reacted by chasing and attacking him. The defendant swung a machete at the victim, causing serious injuries to his legs. The victim suffered potentially fatal blood loss before being taken to hospital, where he underwent numerous surgeries. The offending occurred in a suburban street on a Wednesday afternoon, and the Court commented that it created a danger to the community as a whole. The aggravating features were the gang context, group attack on a single victim, use of a weapon and major injury caused. A previous sentencing indication had shown a start point for sentence of nine years' imprisonment, with a 20 per cent reduction for guilty plea. At sentencing, the Court made further reductions for remorse, prospects of rehabilitation and background factors. The final sentence was five years and nine months' imprisonment. Judgment Date: 18 July 2024
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