R v Tapine

In the High Court of New Zealand at Auckland, the case of The Queen v Tama Tapine was heard and decided on 29 November 2019. Tama Tapine pleaded guilty to assault with intent to injure, with the maximum penalty being three years' imprisonment. The case involved an unprovoked and premeditated attack on another prisoner, Mr Burton, while Tapine and his co-accused were serving sentences at Auckland Prison. The legal issues the court needed to address included the appropriate starting point for the sentence, the applicability of an uplift due to Tapine's previous convictions and the fact that the offence occurred while he was serving a sentence, and the adjustment of the sentence based on Tapine's personal circumstances and mitigating factors.

The court found that the attack was planned and that Tapine played a significant role in initiating it, even though he did not participate in the most severe part of the assault. The court determined that a starting point of two years' imprisonment was appropriate, considering the premeditation and the seriousness of the violence involved. However, the court decided not to uplift the starting point further due to Tapine's previous convictions and the fact that the offence occurred while he was serving a sentence, as these factors were already reflected in the starting point. The court also considered Tapine's personal circumstances, including his disadvantaged background, his limited education, and his association with gangs. Despite these factors, the court found that Tapine's expression of remorse was insufficient and that his risk to others was high.

After considering all the mitigating and aggravating factors, the court sentenced Tapine to imprisonment for one year and three months, which is cumulative on any existing sentence he may be currently serving. The court also noted the need for Tapine to break his connection with gangs and to receive support to turn his life around.