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 LakeSentencing:
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…
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