Published 26 August 2019
Sentencing — Grievous bodily harm — stabbing — GBH — Sentencing Act 2002 — R v Taueki [2005] NZLR 372. The defendant appeared for sentence following a bar fight involving several people, including the defendant's brother, which ended with the defendant stabbing another person. The defendant went to trial alleging that the stabbing was in self-defence of his brother, but that was rejected by the jury. The victim was unaware the defendant had a knife and suffered a laceration to the liver. The Judge, applying R v Taueki, adopted a starting point of six years' imprisonment. The Judge uplifted six months for prior convictions in Australia but granted a six month discount for the aspect of self-defence, albeit excessive. The end sentence was six years' imprisonment. Judgment Date: 17 January 2019.
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