R v Tutaki [2017] NZDC 8662

Published 31 January 2018

Sentencing — aggravated robbery — wounding with intent to injure — strike warning. The defendant went to his victims home to "tax him" for what he believed the victim had done to female acquaintances of the defendant. The defendant entered the victim's home after being told what property was inside that could be stolen. Once inside, the defendant demanded the property, and when the victim refused, the defendant punched him several times to the jaw causing him to become unconscious and suffer serious injuries. The defendant then took from the address the property that he had demanded. Whilst on bail for that offending, the defendant and associates attacked a victim with weapons including a baseball bat and a hammer, the defendant was not armed. In sentencing, the court had regard to the fact that the first assault happened within the victim's home, the seriousness of the injuries sustained, and the fact that the defendant was on bail whilst committing the second offence. The defendant was given discounts for remorse and youth; as well as a 20 percent discount for guilty plea. The defendant was sentenced to four years and five months' imprisonment. Judgment Date: 27 April 2017.