13 Oct 2017
BAILEY v THE QUEEN [2017] NZHC 2505
- Citation
- [2017] NZHC 2505
- Court
- High Court
Although the trial judge erred in her factual inference about vehicle positions, the medical and other evidence established multiple severe blows inflicted with a metal weapon causing significant facial and orbital injuries; that proof of excessive force vitiated any claim of self-defence so the conviction stands; however the sentence starting point was adjusted from 5.5 years to 5 years (bottom of adapted Taueki band 2), with a 6 month uplift for unlawful taking and a 5% discount for remorse, producing a substituted sentence of five years and two months' imprisonment.