5 Sept 2023
SMITH v POLICE [2023] NZHC 2479
- Citation
- [2023] NZHC 2479
- Court
- High Court
The lead offence and related assaults fell within the top end of Nuku banding given Taueki factors including head strikes, a weapon used with force, and victim vulnerability; the Judge's starting point of three years on the lead charge and subsequent uplifts for the imitation firearm and prior Police charges were within range and unimpeachable; a small additional 5% deduction for childhood violence should have been applied but the sentence of three years' imprisonment was not manifestly excessive, therefore the appeal is dismissed.