Published 22 September 2021
Sentencing — aggravated burglary — assault with a weapon — possession of an offensive weapon — possession of a utensil — injuring with intent to injure — resisting police — common assault — disguise — assault on police officer — R v Mako [2000] 2 NZLR 170 — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — R v Taueki [2005] 3 NZLR 372 — Daniels v R [2015] NZCA 295 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607 — Sentencing Act 2002, s 38. The defendant appeared for sentence on charges arising from two separate incidents, one prosecuted by the police and one by the Crown. In the first incident, prosecuted by the police, the defendant had been removed from a bar for being aggressive and abusive and punching a security guard. When the police arrived to arrest the defendant, he punched one of the officers in the face and then bit him on the hand. The defendant then told the same officer that he had Hepatitis C, meaning the officer had to have several blood tests. In the second incident, prosecuted by the Crown, the defendant entered a house while in disguise and armed with hammers, threatened the occupants and stole property. For the first incident, the lead charge was injuring with intent to injure. The Court found that the offending fell into band two of the Nuku case, given the attack to the head and the fact that the victim was a law enforcement officer carrying out his duty. The Court set a start point of 12 months' imprisonment, uplifted by three months for the other offences involved in the incident. With discounts for remorse and guilty plea, the final sentence was 12 months. For the second incident, the lead charge was aggravated burglary. Given that the offending was premeditated and the defendant entered a private house while armed and in disguise, the Court set a start point of four years' imprisonment, uplifted by three months for previous offending. With discounts for remorse and for matters contained in a pre-sentence report, the final sentence was three years 10 months. The Court took a cumulative approach to sentencing, so the total sentence was four years 10 months. Judgment Date: 22 May 2019.
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