IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2025-412-000065
CRI-2025-412-000066 [2025] NZHC 2866
BETWEEN TANE JOHN COSTER-JURY
Appellant
AND
THE KING
Respondent
Hearing: 17 September 2025 Appearances:
S A Saunderson-Warner for Appellant (via VMR) J C Collins for Respondent (via VMR)
Judgment:
30 September 2025
JUDGMENT OF PRESTON J
This judgment was delivered by me on 30 September 2025 at 4.00 pm, pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
COSTER-JURY v R [2025] NZHC 2866 [30 September 2025]
Introduction
[1] In June 2024 the appellant Tane Coster-Jury, a serving prisoner, was part of a violent group assault on another inmate. Four months later, while still in custody, Mr Coster-Jury responded to an assault by another inmate by punching, kicking and stomping that prisoner unconscious.
[2] Mr Coster-Jury pleaded guilty to charges of assault with intent to injure1 and common assault.2 Judge Robinson sentenced him to 26 months’ imprisonment.3
[3]Mr Coster-Jury appeals the sentence as manifestly excessive.
[4]He contends the Judge erred by:
(a)failing to apply the principle of parity relating to the group attack;
(b)declining to adjust the sentence for totality;
(c)providing only five per cent credit for personal and background factors; and
(d)declining to give any credit for remorse.
The offending
[5]The offending in each assault was captured on CCTV.
Assault with intent to injure — June 2024
[6] On 26 June 2024, Mr Coster-Jury was an inmate at Otago Correctional Facility. At approximately 10.00 am, he and three co-offenders were in an exercise yard along with the victim and other prisoners.
1 Crimes Act 1961, s 193—maximum penalty three years’ imprisonment.
2 Crimes Act, s 196—maximum penalty one year’s imprisonment. Mr Coster-Jury was originally charged with assault with intent to injure but this was amended to common assault.
3 Police v Coster-Jury [2025] NZDC 18499.
[7] Mr Coster-Jury approached the victim and punched him. Two co-offenders quickly joined the assault and all three men punched and kicked the victim to the head and body multiple times. They then stood over the victim, who was on the ground, and the fourth co-offender walked over to kick the victim in the head. Mr Coster-Jury punched the victim once and another co-offender kicked the victim once.
[8] This initial assault lasted approximately 47 seconds. During this time the victim held up his arm to try and protect himself from the kicks and punches.
[9] The four offenders exchanged hugs with each other then walked back to the victim who was still on the ground. The victim stood up and they circled him. A co- offender punched the victim, before Mr Coster-Jury and another co-offender delivered multiple kicks and punches.
[10] This second assault lasted approximately 18 seconds before the offenders stopped. At no point does the CCTV footage show that the victim attempting to fight back. The victim was transported to Dunedin Public Hospital where he was admitted for the night. The victim sustained injuries including swelling…
Continue reading Coster-Jury v The King
Sign in free to access the full text
- AGLC
- Coster-Jury v The King [2025] NZHC 2866
- Case
- [2025] NZHC 2866
- Decision Date
CaseChat Overview and Summary
The court first examines whether the starting point adequately reflected parity with co-offenders. The court found the judge properly assessed the respective culpability of each offender, and the starting point of 21 months was appropriate. The court also found no error in the judge declining a totality adjustment, stating the combined starting point was consistent with the leading authorities. The court next considered the mitigation arguments. The court found a 10 per cent deduction for background factors appropriate, but did not consider a deduction for remorse warranted given the evidence. The court concluded the sentence of 26 months was not manifestly excessive, and dismissed the appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.