district court logo

R v Papai [2019] NZDC 12649

Published 20 September 2021

Sentencing — injuring with intent to injure — male assault female — wounding with intent to injure — R v Nuku [2012] NZCA 584 — Ormsby v R [2014] NZCA 73 — Solicitor General v Singh [2017] NZHC 255 — R v Taueki [2005] 3 NZLR 372. The defendant appeared for sentence on six charges: two each of injuring with intent to injure, male assaults female, and wounding with intent to injure. The offending spanned three separate incidents. The victims were the defendant's partner, mother and brother, and the offending included punching, pushing, hairpulling and biting. In the final incident, he had bitten his partner so hard that he severed one of her fingertips. As there were three separate incidents committed at different locations against different victims, the Court took a cumulative approach to sentencing. The total start point for the three incidents was 53 months, which the Court adjusted to 43 months, or 3 years 7 months, for the totality principle. The Court then applied discounts for remorse and efforts to rehabilitate, for a final sentence of three years' imprisonment. Judgment Date: 25 June 2019.