| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA507/2015 [2016] NZCA 205 |
| BETWEEN | LUKE NAHI CAIN MAIHI |
| AND | THE QUEEN |
| Hearing: | 2 May 2016 |
Court: | Kós, Courtney and Gilbert JJ |
Counsel: | G A Walsh for Appellant |
Judgment: | 16 May 2016 at 12.00 pm |
JUDGMENT OF THE COURT
A The appeal is allowed.
BThe effective end sentence of six years, four months’ imprisonment is set aside and replaced with an end sentence of five years, six months’ imprisonment as set out in [34] of this judgment.
____________________________________________________________________
REASONS OF THE COURT
(Given by Gilbert J)
Introduction
Mr Maihi pleaded guilty to one charge of wounding with intent to injure[1] and three charges of injuring with intent to injure[2] arising out of four separate attacks against his partner over a 19 month period. He also pleaded guilty to assault on a child which occurred during the course of one of these attacks.[3] He was sentenced by Judge Cocurullo in the District Court at Hamilton on 2 September 2015 to a combination of cumulative and concurrent sentences resulting in an end sentence of six years and four months’ imprisonment.[4]
[1]Crimes Act 1961, s 188(2).
[2]Crimes Act 1961, s 189(2).
[3]Crimes Act 1961, s 194(a).
[4]R v Maihi [2015] NZDC 17525.
Mr Maihi appeals against this sentence on the ground that it is manifestly excessive. In particular, he contends that the overall starting point adopted of eight years’ imprisonment is disproportionate to the totality of his offending.
The facts
First attack — injuring with intent to injure — 24 December 2012
On 24 December 2012, the victim told Mr Maihi that she was pregnant to him. She also told him that their relationship was over due to ongoing domestic abuse. That night, Mr Maihi approached the victim while she was in the kitchen. After verbally abusing her, Mr Maihi punched her in the head, knocking her to the ground. While she was on the ground, he kicked her multiple times in the head, even as she attempted to crawl away and was fading in and out of consciousness. Mr Maihi only desisted in the attack after other people in the house intervened.
The victim spent one night in hospital where she received treatment for her injuries, being cuts and swelling to her head, including her right eye socket; loss of sensation of her right cheek and upper teeth; tenderness in her jaw and neck; and bruising to her lower back and forearms.
Second attack — injuring with intent to injure, assault on a child — 30 October 2013
Around 30 October 2013, the victim was at home lying in bed with the couple’s three month old daughter. Mr Maihi climbed into the bedroom through a window and accused the victim of being unfaithful. He stood on the bed with one foot either side of the victim and leaned down towards her. Without warning, he punched the victim in the head numerous times. One or more of…
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- AGLC
- Maihi v R [2016] NZCA 205
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- [2016] NZCA 205
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