Published 03 July 2019
Sentencing — threatening to kill — male assaults female — breach of parole — attack to throat — R v Ward [1976] 1 NZLR 588 — R v Nuku [2004] BCL 1053 — Graham v Police [2014] NZHC 2112 — Sentencing Act 2002. The defendant appeared for sentence on charges of threatening to kill, male assaults female (five charges), and breach of parole. The charges related to five separate incidents over a seven-month period. The defendant had subjected the victim, his former partner, to a range of violence, including spitting, strangling, kicking, pushing, shoving and grabbing. The offending occurred while the defendant was on parole for offending against the same victim, and the Court observed that he would require counselling while in prison. The Court set separate sentences for each incident of offending and then made adjustments for the totality principle, resulting in a starting point of four years one month. The Court applied an eight-month uplift for the defendant's criminal history and offending while on parole. The defendant earned a 25 percent discount for guilty plea, for a final sentence of three and a half years' imprisonment. The Court also made a protection order against the defendant. Judgment Date: 29 June 2018. ***Note: names have been changed to comply with legal requirements.***
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