NOTE: ORDER SUPPRESSING NAME AND IDENTIFYING PARTICULARS OF THE COMPLAINANT PURSUANT TO S 182 OF THE FAMILY VIOLENCE ACT 2018; ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980.
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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2020-004-9423
[2022] NZHC 1266
THE QUEEN v
ZACQURIN TIKENA-STUCHBERY
Hearing: 27 May 2022 Appearances:
F M T Culliney and J Lee for Crown
C G Wright and A A Prasad for Defendant
Sentence:
27 May 2022
SENTENCE OF PAUL DAVISON J
Solicitors:
Crown Solicitor, Auckland
R v TIKENA-STUCHBERY [2022] NZHC 1266 [27 May 2022]
Introduction
[1] Mr Tikena-Stuchbery you appear before the Court today for sentence having pleaded guilty to one charge of wounding with intent to cause grievous bodily harm relating to the serious assault occurring on the evening of 28 November 2020, and one representative charge of assault on a person in a family relationship, relating to the earlier assault on the complainant that occurred during the afternoon or evening of the previous day.1
[2] Your sentencing engages the “three strikes” regime under the Sentencing Act 2002. The charge of wounding with intent to cause grievous bodily harm is your third strike offence. This means that as the law currently stands, I am required by the Sentencing Act to sentence you to the maximum term of imprisonment prescribed for that offence which is 14 years’ imprisonment,2 unless I decide that such a sentence would be so disproportionately severe as to breach s 9 of the New Zealand Bill of Rights Act 1990 (the Bill of Rights).3 Section 9 of the Bill of Rights provides that everyone has the right not to be subject to “disproportionately severe” punishment.
[3] If I decide that to sentence you to the maximum penalty of 14 years’ imprisonment does breach s 9 of the Bill of Rights, I am required to sentence you in accordance with the normal sentencing principles.4 However, if I conclude that to sentence you to 14 years’ imprisonment does not breach s 9 of the Bill of Rights, the Sentencing Act requires me to order that you serve that 14 year sentence without parole, unless I am satisfied that it would be “manifestly unjust” for you to do so.5
Your offending
[4]I commence with the facts of your offending.
[5] You and the complainant in this matter have been in an on and off kind of relationship for the past four years. Together you have a young child, a daughter. She
1 Crimes Act 1961, ss 188(1) and 194A: carrying maximum penalties of 14 years’ imprisonment and two years’ imprisonment respectively.
2 Sentencing Act 2002, s 86D(2).
3 See Fitzgerald v R [2021] NZSC 131, [2021] 1 NZLR 551.
4 At [231] per O’Regan and Arnold JJ and [252] per Glazebrook J.
5 Section 86D(3).
lives with the complainant’s mother. At the time…
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