R v Nuku

Case [2016] NZHC 254 24 February 2016

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-044-002617 [2016] NZHC 254

THE QUEEN

v

STEAD NUKU NIGEL JOHN LAKE

Hearing: 24 February 2016

Appearances:

S McColgan for the Crown
R M Mansfield and S Lack for Nuku
GNE Bradford for Lake

Sentencing:

24 February 2016

SENTENCING NOTES OF WOOLFORD J

Solicitors: Crown Solicitor, Auckland

Counsel: R M Mansfield, Auckland
GNE Bradford, Auckland

R v NUKU and LAKE [2016] NZHC 254 [24 February 2016]

Introduction

[1] Nigel Lake and Stead Nuku you appear today for sentence. You have both pleaded guilty to one charge of wounding with intent to cause grievous bodily harm.1
The maximum penalty for that offence is 14 years imprisonment.

[2] On 15 December 2015, I gave you both a sentence indication.2 Mr Nuku, you accepted that indication on 16 December 2015 and entered a guilty plea accordingly. Mr Lake, you did not accept the indication in time, and on 21 January
2016 Toogood J deemed it to be declined.3 Ultimately, however, you have pleaded

guilty and the Crown is not opposed to the indication being followed.4

[3] The full facts of your offending are set out in the sentence indication, a copy of which is annexed to these notes. I will not, therefore, repeat the facts at length, but for completeness I re-summarise the background now.

Background

[4] You were both prisoners at Paremoremo Prison. The victim of your offending was a fellow inmate, who you attacked in the exercise yard during a one hour scheduled break.

[5] Mr Nuku you instructed Mr Lake to break the victim’s arm. Mr Lake, you proceeded to fight with the victim for a brief period. The fight initially broke apart. However, you returned several minutes later and began to punch the victim. He took up a defensive position and did not attempt to attack you in return. You pulled him up by his neck several times and then, while he was on the ground, you attempted unsuccessfully to break his arm.

[6] At this point, Mr Nuku, you intervened, apparently frustrated at the length of time Mr Lake was taking. You kicked the victim while he was on the ground before
placing his arm in an arm lock and wrenching it. This caused the victim’s arm to

1      Crimes Act 1961, s 188(1).
2      R v Nuku & Lake [2015] NZHC 3232.
3      R v Lake HC Auckland CRI-2015-044-2617, 21 January 2016 (minute of Toogood J).
4      Mr Lake entered his guilty plea on 10 February 2016.

break. You attempted to do the same to the victim’s other arm and both legs, fortunately without success. Finally, you walked away leaving the victim lying on the ground.

[7] Mr Lake, you then stepped back in. You punched the victim in the head several times while he lay immobile. You then jumped at least a half metre in the air and landed with both feet on the victim’s head. This move you repeated three times.

[8] The victim was…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Nuku

Details

AGLC: R v Nuku [2016] NZHC 254
Case: [2016] NZHC 254
Decision Date: 24 February 2016

CaseChat Overview and Summary

Nigel Lake and Stead Nuku appeared in the High Court of New Zealand Auckland Registry for sentencing following their guilty pleas to charges of wounding with intent to cause grievous bodily harm. The maximum penalty for this offence is 14 years imprisonment. On 15 December 2015, the judge provided a sentence indication, which Nuku accepted, but Lake did not. However, Lake later pleaded guilty, and the Crown was not opposed to the indication being followed. The victim, a fellow inmate at Paremoremo Prison, was attacked in the exercise yard by Lake and Nuku, who directed the assault. The attack resulted in the victim suffering a broken arm, a fractured jaw, and a fractured skull. The court considered the purposes and principles of sentencing, including denunciation, accountability, deterrence, and rehabilitation. The court assessed the aggravating factors, including extreme violence, premeditation, multiple attackers, the victim's vulnerability, and the gang-related nature of the offence. Nuku's starting point was seven and a half years imprisonment, while Lake's was eight and a half years. The court adjusted the sentences for personal factors and applied discounts for guilty pleas. The final sentences were five years and nine months for Nuku and six and a half years for Lake, to be served cumulatively on their existing sentences. Lake also received a warning under the three strikes law and had the charge of attempted murder dismissed.

Orders