R v Douglas-Tera [2019] NZDC 853

Published 20 July 2021

Wounding with intent to cause grievous bodily harm — GBH — prison offending — stabbing — band 2 offending — Crimes Act 1961 s 188 — R v Taueki [2005] 3 NZLR 372 — three strikes. The defendant appeared for sentence having pleaded guilty to wounding with intent to cause grievous bodily harm, per s 188 of the Crimes Act. The defendant, a sentenced prisoner, stabbed another inmate in the neck with a metal shank. The defendant was already serving seven years 11 months' imprisonment and this offending represented his second strike under the three strikes legislation. The Judge, following R v Taueki, adopted a starting point of six years' imprisonment. The Judge applied an uplift of six months for the defendant's previous conviction but granted discounts of 12 months for his relative youth, a further 10 months for his guilty plea, and another 10 months when viewing the offending and cumulative sentence in totality. The defendant was given his second strike warning and was sentenced to three years 10 months, cumulative to his current sentence. Judgment Date: 18 January 2019.