R v Ahiao [2019] NZDC 13155

Published 23 July 2021

Sentencing — injuring with intent to cause grievous bodily harm — intentional damage — assault with tyre iron — R v Taueki [2005] 3 NZLR 372 — Crimes Act 1961. The defendant appeared for sentencing on charges of injuring with intent to cause grievous bodily harm and intentional damage. He had struck the victim multiple times to the head and face with a tyre iron, and also badly damaged the victim's car. The victim spent several days in hospital, was away from work for several weeks and required surgery. The Court commented that the attack could easily have been fatal. The aggravating features of the offending were unprovoked and extreme violence, use of a weapon, attack to the head, and prolonged attack on a vulnerable victim. The Court found that the offending fell into band 2 of R v Taueki, and set a start point of five years' imprisonment. The Court added a three-month uplift for the damage to the car, and then applied discounts for remorse, offer of reparations and guilty plea. The final sentence was three and a half years' imprisonment. Judgment Date: 5 July 2019.