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R v Berryman [2022] NZDC 1387

Published 16 November 2023

Sentencing — unlawful assembly — injuring with intent to injure — parties to offending — gang offending — revenge attack — Crimes Act 1961, s 66 — Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39. Three defendants appeared for sentence on charges of unlawful assembly and injuring with intent to injure. The defendants, along with 15 other people, had gone to the victim's house in order to exact revenge for an earlier road rage incident between the victim and the first defendant's father. All of the 18 members of the group wore gang clothing at the time of the offending. Once at the house, the defendants launched a prolonged assault on the victim and caused him serious injuries that required hospital treatment. The Court observed that the offending was planned and premeditated rather than committed on the spur of the moment. For each defendant the start point for sentence was three years nine months' imprisonment. The first defendant's sentence was increased by six months for his role as leader of the offending, while the second defendant's sentence was increased by three months for previous offending. All three defendants had pleaded guilty and had shown remorse and prospects for rehabilitation. The final sentences were 23 months' imprisonment for the first defendant, 10 months three weeks' home detention for the second, and 10 months' home detention for the third. Judgment Date: 28 January 2022.