IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2024-409-93
[2024] NZHC 1972
BETWEEN TREIK RAKENA ALLEN
Appellant
AND
THE KING
Respondent
Hearing: 11 July 2024 Appearances:
D J Matthews for Appellant B W D Alexander for Crown
Judgment:
17 July 2024
Reissued:
15 August 2024
JUDGMENT OF EATON J
This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
ALLEN v R [2024] NZHC 1972 [17 July 2024]
Introduction
[1] Mr Treik Allen was sentenced on 11 January 2024 to five years five months’ imprisonment on one representative charge of wounding with intent to cause grievous bodily harm, having pleaded guilty during a judge-alone trial.1 Mr Allen appeals the sentence. He says he should have received credit for his personal background and the impact of parental incarceration on his daughter. He seeks to rely on affidavits filed in this Court.
The offending
[2] At midnight on 12 June 2022, Mr Allen was at a bus stop with a woman. The victims and their friends, planning to go into town, walked down the street from the first victim’s nearby flat and started speaking with Mr Allen and the woman he was with.
[3] Following an initial friendly conversation, Mr Allen’s attitude changed. He presented a knife and told them to back off. He poked the tip of the knife into the back of the second victim and said he was going to “shank” him.
[4] The first victim pulled the second victim away. Mr Allen said, “what’s up G, I’ll fuck you up”, and moved towards the first victim in a stabbing motion. The first victim picked up a bottle of Jack Daniels and told Mr Allen he would put down the bottle if he put down the knife. They did so, but when the first victim approached Mr Allen to shake his hand, Mr Allen punched him in the face. The first victim reactively punched Mr Allen and knocked him to the ground.
[5] Three or four of Mr Allen’s friends arrived and got involved in the fight. At some point, Mr Allen picked the knife up off the ground and joined in where the first victim and a third victim were assaulted. The third victim was confronted by Mr Allen and another man wearing a black hoodie, both of whom were holding a knife at one stage. When the first and third victims managed to separate themselves and get to safety, they realised they had each been stabbed. The third victim had been stabbed in
1 R v Allen [2024] NZDC 385; and Crimes Act 1961, s 188(1); maximum penalty 14 years’ imprisonment.
the left armpit area, which penetrated muscles and required surgery. The first victim had been stabbed in the buttock and required six stitches.
[6] Mr Allen denied involvement and claimed he was not at the bus stop that night, rather he was asleep at one…
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