R v Tikena-Stuchbery

In the High Court of New Zealand, Auckland Registry, the Court sentenced Zaqcurin Tikena-Stuchbery to five years and two months’ imprisonment for wounding with intent to cause grievous bodily harm. The Court also sentenced him to 12 months’ imprisonment for assault on a person in a family relationship, to be served concurrently with the first sentence. Tikena-Stuchbery was facing his third strike offence and, under the three strikes regime, the Court was required to sentence him to the maximum penalty of 14 years’ imprisonment, unless such a sentence would breach the New Zealand Bill of Rights Act 1990 (Bill of Rights). The Court found that a sentence of 14 years’ imprisonment would be disproportionately severe and would breach s 9 of the Bill of Rights. The Court therefore sentenced Tikena-Stuchbery in accordance with the normal sentencing principles, imposing a sentence of five years and two months’ imprisonment. The Court also imposed a minimum term of imprisonment of half of the sentence, and made a protection order in relation to the complainant pursuant to s 123B(2)(a) of the Sentencing Act 2002.