R v Nuku

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.