New Zealand Case Law: Decisions & Judgments

Topic

Injuring with intent to injure

Legal area

Court

12 Dec 2023

SATOA v CROWN LAW [2023] NZHC 3650

Citation

[2023] NZHC 3650
Court

High Court

The High Court concluded the district court sentence of 24 months was within the permissible range: the Judge's starting point, uplifts and discounts were supportable; there was no sufficient causal nexus between the appellant's addiction/background and the violent offending to warrant greater mitigation; the guilty plea credit and limited additional remorse credit were appropriate; therefore the sentence was not manifestly excessive and the appeal was dismissed.
6 Nov 2023

AYDON v NEW ZEALAND POLICE [2023] NZHC 3122

Citation

[2023] NZHC 3122
Court

High Court

The District Court erred by adopting an excessive starting point (4 years) and by giving no allowance for the appellant's traumatic childhood; a starting point of 3.5 years with a modest 5% credit for background (in addition to 10% for good character and 25% for the guilty plea) was appropriate; appeal allowed and sentence reduced to two years and one month's imprisonment.
8 Sept 2023

R v ORMOND [2023] NZHC 2539

Citation

[2023] NZHC 2539
Court

High Court

The court accepted band three grading under R v Taueki for Ryan and fixed a nine-year starting point reduced by aggregated discounts for s27 cultural factors, psychological state, remorse and substantial EM bail credit to a final sentence of three years and six months imprisonment; for Harland the court fixed a notional sentence reduced for guilty plea, youth and background to 13 months then converted to ten months home detention with standard conditions; a higher MPI was unnecessary beyond the default one-third custodial period for Ryan.
4 Aug 2023

R v RAWHITI [2023] NZHC 2068

Citation

[2023] NZHC 2068
Court

High Court

Court fixed an overall starting point of 13 years' imprisonment (11 years for manslaughter uplifted by 2 years for offending against the mother), applied specified percentage discounts (20% manslaughter guilty plea at time of offer, 10% for partner charges guilty plea, 5% remorse on manslaughter, 10% for adverse background) and 9 months credit for EM bail, yielding an end sentence of 8 years' imprisonment for manslaughter with concurrent terms of 3 years for injuring with intent and 1 year for male assaults female, total effective sentence 8 years.
18 Jul 2023

STANLEY v NEW ZEALAND POLICE [2023] NZHC 1879

Citation

[2023] NZHC 1879
Court

High Court

The High Court held the offending properly sat in band two of the Nuku bands and the starting point adopted by the District Court was available; a 15% discount for the guilty plea was appropriate given the late change of plea and strength of the Police case; home detention was not available; the end sentence of two years and four months' imprisonment was not manifestly excessive and the appeal was dismissed.
31 May 2023

DREWET v R [2023] NZCA 192

Citation

[2023] NZCA 192
Court

Court of Appeal

The appeal was dismissed: the Judge's directions on credibility and reliability were adequate and a s122 warning was not required; relationship evidence was properly contextualised and did not create a miscarriage of justice; prosecutor comments about similarities did not produce impermissible propensity reasoning or unfair trial; and the sentence was within range with appropriate discounts, so no appellate intervention was warranted.
27 Mar 2023

RAWIRI WERETA v NEW ZEALAND POLICE [2023] NZHC 629

Citation

[2023] NZHC 629
Court

High Court

The High Court held the judge did not err: placement of the injuring with intent to injure offence in band two and adoption of a 2 year 6 month starting point was within range given attack to the head, serious injuries (broken jaw), attack on a Corrections Officer and the unprovoked nature; the totality adjustments were adequate and the cumulative end sentence of two years three months was not manifestly excessive; appeal dismissed.
24 Mar 2023

R v TH & HH [2023] NZHC 630

Citation

[2023] NZHC 630
Court

High Court

For TH (aged 20) the Court held life imprisonment would be manifestly unjust in circumstances of youth, neurodevelopmental immaturity, contributory deprived background and genuine rehabilitative potential; a determinate global sentence of 18 years with a minimum period of 7.5 years was imposed (assault with a weapon concurrent). For HH (aged 17) the Court applied Youth Justice principles, convicted but discharged without further sentence and declined permanent name suppression; interim suppression extended for five working days pending appeal.
25 Aug 2022

PUNA v NEW ZEALAND POLICE [2022] NZHC 2123

Citation

[2022] NZHC 2123
Court

High Court

The High Court found no error in the District Court Judge's exercise of sentencing discretion: the starting point was within the Nuku/Taueki bands, the discounts (25% for early plea and 10% overall for remorse and good character) were appropriate, a separate quantified discount for an offer of reparation was not required, and commuting the global 24-month term to 11 months' home detention was a permissible least-restrictive outcome given rehabilitation prospects balanced against accountability, denunciation and deterrence; the appeal was dismissed.
10 Feb 2022

R v UNDERSEN [2022] NZHC 141

Citation

[2022] NZHC 141
Court

High Court

Finite sentence of 13 years and 7 months imprisonment with an MPI of nine years imposed; preventive detention declined because offender retains realistic rehabilitative potential, significant finite sentence plus potential for extended supervision order and the offender's age on release provided adequate community protection.