New Zealand Police v Mata Tararo [2016] NZDC 9495

Published 23 September 2016

Threatening to kill — possession of offensive weapon — assault — domestic violence — Faaleaga v R [2011] NZCA 495 — R v Puke [2009] NZCA 582 — Kahika v Police [2015] NZHC 1262 — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — Sentencing Act 2002. The defendant was sentenced to three years’ imprisonment on charges of threatening to kill, assault with intent to injure, possession of an offensive weapon and common assault. The defendant had prevented the victim from breathing, to the point of unconsciousness, punched and kicked her. He followed her as she fled, striking her windscreen with an axe. While the victim had his hand over the victims nose and mouth he was yelling that he was going to kill her. This stated intent was significant to the seriousness of the threat in the circumstances. Aggravating features of the offending included the extent of violence, the use of a weapon, the vulnerability of the victim and that there were young children in the house at the time of the offending. There were no mitigating features.An uplift was given for the possession of an offensive weapon and common assault on the second victim.Judgment Date: 18 May 2016.