Published 29 June 2022
Sentencing — kidnapping — injuring with intent to injure — assault on a person in a family relationship — wilful damage — obstruction — assault — Anguna v R [2020] NZCA 127 — Joe v R [2019] NZCA 394 — Cassidy-Gugich v R [2016] NZHC 3027 — Heke v R [2016] NZCA 38 — R v Wharton (2003) 20 CRNZ 109 (CA) — R v Liev & Ors [2017] NZHC 2253 — Wilson v R [2015] NZHC 2653 — R v Rei DC Hawera, CRI-2009-021-622, 15 July 2009 — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 — Orchard v R [2019] NZCA 529 — Keil v R [2017] NZCA 563 — Carr v R [2020] NZCA 357 — Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648. The defendant appeared for sentence on a range of charges including kidnapping, injuring with intent to injure and assault on a person in a family relationship. The victim was the defendant's partner; he had held her against her will at his house for more than a day, during which time he assaulted her repeatedly. When the police arrived, he tried to stop them from entering the house. Later while in prison, the defendant assaulted a corrections officer without provocation. The aggravating features were vulnerable victim, abuse of trust, serious violence, causing injuries, psychological abuse and degrading conduct. The start point for sentence was three years one months' imprisonment, uplifted by three months for the assault on the corrections officer and three months for prior offending. The defendant was allowed reductions for guilty plea, traumatic upbringing and remorse, meaning a sentence of 28 months' imprisonment. The sentence was finally converted to one of time served. Judgment Date: 2 July 2021
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