Published 29 July 2022
Sentencing — discharge without conviction — threatening to cause GBH — Solicitor General v Mohib [2016] NZHC 1908. The defendant had pleaded guilty to one charge of threatening to cause grievous bodily harm, a charge carrying maximum sentence of seven years' imprisonment. He had gone to the victim's house where they had argued. The defendant then said to the victim that he would bring a knife next time and kill the victim. The defendant sought a discharge without conviction. Aggravating features of the offending included going to the victim's home, where the victim's partner and young child were present; and the specific nature of the threat. The Judge assessed the gravity of offending as in the medium range. The mitigating features were an early guilty plea, no previous convictions and an offer of emotional harm reparation. The defendant had participated in restorative justice and had provided a verbal and written apology to the victim and his family. The consequence of the offending was a risk of deportation, whereby the deportation process was triggered because of the seriousness of the offence. This did not necessarily mean the defendant would be deported, as these decision are made on a case-by-case basis by Immigration New Zealand. The application for a discharge without conviction was declined. The defendant was convicted and sentenced to 40 hours' community work. Judgment Date: 16 July 2019.
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