12 Apr 2022
R v HAVILI [2022] NZHC 753
- Citation
- [2022] NZHC 753
- Court
- High Court
Judge adopted a 4-year starting point for manslaughter by a single punch, uplifted by 16 months for the separate assault on James to 5 years 4 months, reduced for totality by 4 months to a 5-year adjusted starting point, then applied aggregate discounts totalling 45% (15% upbringing, 5% rehabilitation/remorse, 25% guilty plea) resulting in a concurrent custodial sentence of 2 years 9 months. Taueki was not applied because the punch was not unusually forceful and serious injuries resulted primarily from the fall onto a hard surface rather than repeated or exceptionally forceful blows.