New Zealand Case Law: Decisions & Judgments

Topic

Causing grievous bodily harm with intent

Legal area

Court

18 Jul 2023

THE KING v TIORI [2023] NZHC 1868

Citation

[2023] NZHC 1868
Court

High Court

Judge adopted a total starting point of eight years' imprisonment for the cumulative offending (six years for the grievous bodily harm band three offence plus concurrent shorter starting points for other offences), applied a 25% discount for the guilty plea, a 15% discount for personal background factors under the causative contribution approach (s 27 material), and a further 5% discount for addiction and rehabilitative prospects, resulting in a final sentence of four years and five months' imprisonment, with all component sentences to be served concurrently.
1 Sept 2021

DIAZ v R [2021] NZCA 426

Citation

[2021] NZCA 426
Court

Court of Appeal

The Court allowed the appeal because the District Court erred by uplifting the grievous bodily harm sentence by reference to a lesser offending for which imprisonment was precluded by s 18, and by failing to allow sufficient discounts for youth and significant rehabilitative efforts and remorse; the appropriate outcome for the grievous bodily harm conviction was a short-term custodial sentence commutable to 5 months and 15 days' home detention, and the injuring charge should result in conviction and discharge.
3 Jul 2020

R v DALEY [2020] NZHC 1560

Citation

[2020] NZHC 1560
Court

High Court

Given the extreme seriousness, planning, use of a lethal weapon and devastating injury, an 11-year starting point (reduced by specified uplifts and a plea discount) was appropriate; further mitigation of 15% was warranted for genuine remorse and significant personal and mental health factors, resulting in a concurrent end sentence of 8.5 years with no MPI to encourage rehabilitation and with a first strike warning issued.
23 May 2019

R v GRAY [2019] NZHC 1135

Citation

[2019] NZHC 1135
Court

High Court

The offending was assessed as very grave; applying Taueki banding the judge set starting points of 11.5 years for the 24 July 2017 offence (band 3, 9–14 years) and nine years for the earlier offence (band 2, 5–10 years), discounted one year for the defendant's good character, and ordered concurrent sentences producing an effective sentence of 10.5 years' imprisonment on the principal charge and eight years' imprisonment concurrent on the earlier charge.
5 Apr 2019

R v VELA [2019] NZHC 714

Citation

[2019] NZHC 714
Court

High Court

Preventive detention was declined because a lengthy determinate sentence of ten years, combined with the opportunity for culturally appropriate rehabilitation while imprisoned, Parole Board assessment, and the availability of an extended supervision order if treatment is unsuccessful, sufficiently protects the community; medical reports indicated risk could be mitigated with proper treatment and did not establish that only preventive detention would protect society.

New Zealand Case Law

THE KING v TIORI [2023] NZHC 1868

DIAZ v R [2021] NZCA 426

R v DALEY [2020] NZHC 1560

R v GRAY [2019] NZHC 1135

R v VELA [2019] NZHC 714