R v HAMILTON [2019] NZHC 956

R v HAMILTON [2019] NZHC 956

The offending involved three or more Taueki aggravating features (prolonged extreme violence, life-threatening injuries reasonably foreseeable from continuing to kick, attacks to the head, multiple offenders) placing it in Nuku band three; adopt a starting point of two and a half years imprisonment, apply a 5% uplift for prior violence, a 10% guilty plea discount, a 10% discount for genuine remorse and willingness for restorative justice, and a 7.5% discount for totality, resulting in conviction and sentence of 23 months imprisonment to be served cumulatively on existing sentences.

Citation
[2019] NZHC 956
Parties
Crown: The Queen; Defendant: Aiden Hamilton
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 May 2019
Procedural Posture
Criminal Injuring With Intent / Sentencing
Outcome
Convicted and sentenced to 23 months imprisonment, to be served cumulatively on existing sentences
Legal Topics
Injuring With Intent, Sentencing Guidelines (nuku V R), Aggravating and Mitigating Factors, Guilty Plea Discount, Totality Principle, Restorative Justice
Criminal Law Sentencing Prison Law Violence Offenses Injuring With Intent Sentencing Guidelines (nuku V R) Aggravating and Mitigating Factors Guilty Plea Discount +2 more

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Parties

The Queen

Crown

Aiden Hamilton

Defendant

Procedural Posture

Criminal Injuring With Intent / Sentencing

Legal Issues

  1. 1 Appropriate sentencing starting point under Nuku v R and application of R v Taueki aggravating features
  2. 2 Extent to which defendant's conduct contributed to life-threatening injuries
  3. 3 Whether offending in prison and gang connection are aggravating factors

Ratio Decidendi

The offending involved three or more Taueki aggravating features (prolonged extreme violence, life-threatening injuries reasonably foreseeable from continuing to kick, attacks to the head, multiple offenders) placing it in Nuku band three; adopt a starting point of two and a half years imprisonment, apply a 5% uplift for prior violence, a 10% guilty plea discount, a 10% discount for genuine remorse and willingness for restorative justice, and a 7.5% discount for totality, resulting in conviction and sentence of 23 months imprisonment to be served cumulatively on existing sentences.

Court Disposition

Convicted and sentenced to 23 months imprisonment, to be served cumulatively on existing sentences

Orders

  • Convicted of injuring with intent
  • Sentenced to 23 months imprisonment to be served cumulatively on current sentences