17 Oct 2023
R v NAGEL [2023] NZHC 2908
- Citation
- [2023] NZHC 2908
- Court
- High Court
Applying Taueki factors and comparable authorities the offending warranted a starting point of four years six months' imprisonment due to a deliberate, forceful kick to the head with some premeditation, multiple attackers and adverse post‑offence conduct; after applying discounts (25% guilty plea, 20% youth/lack of convictions, 5% ADHD contribution, 5% remorse/rehabilitation; total 55%) the sentence was reduced to two years' imprisonment and the defendant was granted leave to apply for home detention.