R v Petera Mihaka [2016] NZDC 3688

Published 15 August 2016

Sentencing — wounding with intent to cause grievous bodily harm — unlawfully taking a motor vehicle — driving offences — assault — male assaults female — disorderly behaviour — burglary — theft — Crimes Act 1961, ss 188 and 226 — Sentencing Act 2002. The defendant was sentenced to four years’ imprisonment for a large number of offences. The lead charge was one of wounding with intent to cause grievous bodily harm which related to an assault on a police officer. The defendant had had a turbulent upbringing with gangs and alcohol and drug abuse being a part of his life from a young age. Discounts were given for the defendant’s guilty plea, age and participation in rehabilitation and restorative justice. (c) If force was used by the defendant for the purpose of defending himself, was the force used reasonable in those circumstances? It was determined that in the circumstances as the defendant believed them to be he acted in self-defence. The prosecution was unable to satisfy beyond reasonable doubt that force used was excessive.