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R v Tukiwaho [2022] NZDC 3341

Published 22 March 2023

Sentencing — assault with a weapon — injuring with intent to cause grievous bodily harm — threatening to kill — escaping custody — breach of intensive supervision — breach of community work — excessive self-defence — assault on child — family violence — Sentencing Act 2002, s 9A — Hurinui v R [2014] NZCA 290 — Nuku v R [2012] NZCA 584 — R v Taueki [2005] 3 NZLR 372 — McGlaughlin v R [2014] NZCA 547 — Orchard v R [2019] NZCA 529 — Waikato-Tuhega v R [2021] NZCA 503. The defendant appeared for sentence on a range of charges including assault with a weapon, injuring with intent to cause grievous bodily harm, and threatening to kill. The charges arose from three different incidents. In the first, the defendant and his father had chased a person who had intruded in their home and beat him with steel pipes, causing him several injuries. The offending was aggravated by actual violence, use of an especially dangerous weapon, attacks to the head, and group offending. The start point for sentence was 12 months' imprisonment, the start point reflecting the fact that there was an element of self-defence to the offending. In the second incident, the defendant had become angry with his young child and physically assaulted him by striking and slapping him, ramming his head into a sink and stomping on him. The offending was aggravated by gross breach of trust, vulnerable victim, particularly cruel attack, attack to the head and causing serious injuries. The start point for sentence was four years' imprisonment, uplifted by six months for threatening to kill his mother for telling the police about the assault, and for escaping from custody. The total start point of five and a half years' imprisonment was reduced by six months to recognise the totality principle. There were further discounts for guilty plea and background factors. The final sentence was three years three months' imprisonment. Judgment Date: 25 February 2022.