New Zealand Case Law: Decisions & Judgments

Topic

Injuring with intent

Legal area

Court

8 Sept 2023

JOHNSON v R [2023] NZHC 2518

Citation

[2023] NZHC 2518
Court

High Court

The Court reduced the global starting point from 30 to 27 months for the index offending, affirmed that the presence of children and the dangerous mode of using a car were separate aggravating factors, upheld a six month uplift for prior family violence convictions and a three month uplift for offending while on release conditions, maintained deductions of four months (restorative justice) and seven months (guilty pleas), and substituted the original 28 month sentence with a sentence of 25 months' imprisonment (two years and one month).
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.
23 Mar 2022

BERRYMAN v THE CROWN [2022] NZHC 544

Citation

[2022] NZHC 544
Court

High Court

The Judge did not err: having applied appropriate starting point, uplift and discounts, he validly exercised discretion under the Vhahva two-step test and properly refused to commute the 23‑month sentence to home detention because of premeditation, organiser role, gang involvement and the public interest; the outcome was not manifestly excessive.
17 Feb 2022

DE ANDA ESCOBAR v NEW ZEALAND POLICE [2022] NZHC 201

Citation

[2022] NZHC 201
Court

High Court

The judge did not err: medical expert evidence that the injuries were highly likely inflicted together with the appellant's implausible, inconsistent explanations, his initial failure to account for the injuries, and circumstantial evidence (including opportunity and alcohol consumption) furnished a safe basis to infer that the appellant intentionally caused the injuries; the reasons given were adequate under Sena.
16 Dec 2021

R v OHLSON [2021] NZHC 3499

Citation

[2021] NZHC 3499
Court

High Court

Apply Taueki principles to set a starting point of 10 years 6 months for the offending; apply a four month uplift for the defendant's significant prior violent convictions to reach 10 years 10 months; allow mitigation including a detailed s27 report, restorative justice engagement and remorse amounting to a two years eight months discount; impose concurrent terms on counts resulting in an effective term of six years imprisonment.
16 Dec 2021

R v TREGIDGA [2021] NZHC 3498

Citation

[2021] NZHC 3498
Court

High Court

The Court found Tregidga's role placed him in Taueki band three given multiple aggravating factors (weapons, head attacks, facilitating crime, multiple attackers, victim vulnerability) and adopted a 10‑year starting point. After aggregated discounts (guilty plea 15%, cultural 15%, remorse 5%, rehabilitation 5% = 40%) the end sentence for Tregidga was six years' imprisonment with a 50% MPI on aggravated robbery and wounding charges. For Keni the Court adopted a 5‑year starting point reduced by 45% (including a larger cultural discount for youth and lesser role) and a 3‑month credit for EM bail…
16 Dec 2021

R v DIXON [2021] NZHC 3496

Citation

[2021] NZHC 3496
Court

High Court

Judge fixed a 15-year starting point for particularly serious, premeditated kidnappings and grievous assaults involving weapons and financial motive, then applied a 20% guilty-plea discount (3 years), a discrete 15% reduction for youth (2 years 3 months) and a 20% reduction for family/gang background (3 years) totalling 8 years 3 months, producing an effective concurrent sentence of six years nine months imprisonment.
3 Dec 2021

R v TELEFONI [2021] NZHC 3295

Citation

[2021] NZHC 3295
Court

High Court

Applying Taueki bands and analogous case law the offender's culpability fell within band three; a nine year starting point was selected, uplifted by 12 months for the injuring offence and three months for offending while subject to sentence, reduced by 10% for youth, 20% for cultural/background factors and 5% for remorse to 6 years 8 months, then reduced by 2 years 8 months for totality to reach a final sentence of four years' imprisonment for manslaughter to be served cumulatively on the existing sentence with the two year sentence for injuring with intent to be served concurrently; a second…
12 Apr 2021

SAMSON THOMAS MANUEL v NEW ZEALAND POLICE [2021] NZHC 783

Citation

[2021] NZHC 783
Court

High Court

The High Court allowed the appeal, holding the District Court starting point of 24 months was too high for the appellant's individual conduct (single assailant punches resulting in a fractured eye socket within a broader incident involving another offender); the appropriate starting point was 18 months and, after a composite 25% discount for a late guilty plea and personal mitigation (youth and mental health factors), the substituted end sentence is one year and two months imprisonment.
26 Feb 2020

R v COOPER [2020] NZHC 329

Citation

[2020] NZHC 329
Court

High Court

Preventive detention was imposed because the offender displayed a clear, escalating pattern of serious domestic violence with extreme and prolonged assaults (including weapon use and severe brain injury to the victim), had repeated breaches of protection orders and prior violent convictions, failed to engage effectively with prior interventions, and both forensic psychiatrists assessed a high likelihood of future serious violence against the same victim; a determinate sentence would not provide adequate protection of the community. Minimum period of imprisonment set at eight years and three m…