Published 20 April 2023
Sentencing — assault — assault in a family relationship — gang fight — Solomon v Police [2019] NZHC 2916 — Apiata v Police [2021] NZHC 3224 — R v Kahia [2015] NZHC 334 The defendant was for sentence on two charges of assault, one of assault in a family relationships, and three driving charges. He and about 14 others had attacked rival gang members after encountering them near the Christchurch District Court. The defendant kneed one of the rival gang members in the head and punched another. In separate offending, the defendant had headbutted his ex-partner in the mouth, knocking her unconscious. The assault charges were aggravated by unprovoked and gratuitous violence, multiple attackers, attacks to the head, vulnerable victims (in that the rival gang members were outnumbered by the defendant's gang), offending in public, and the gang overtones. The defendant expressed no remorse for the offending. The Court set a start point of nine months' imprisonment for the assaults, uplifted by another nine months for the assault in a family relationship and six months for the driving offences. The Court reduced this amount for the totality principle and the defendant's health problems and guilty plea. As the defendant had already spent time in custody and on electronically-monitored bail, the Court ordered no extra time in custody and instead sentenced the defendant to 18 months' intensive supervision. Judgment Date: 30 November 2022.
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