R v W

Case

[2016] NZHC 1076

23 May 2016


Details
AGLC Case Decision Date
R v W [2016] NZHC 1076 [2016] NZHC 1076 23 May 2016

CaseChat Overview and Summary

The case of R v W involved a defendant, Lance Te Manawa Walker, who was sentenced for one charge of wounding with intent to cause grievous bodily harm and one charge of breach of a protection order. The maximum penalty for the wounding with intent charge was 14 years of imprisonment. The defendant had a history of violence against his ex-partner, who was the victim of the assault. On December 23, 2015, the defendant armed himself with a knife and attacked the victim, causing her severe injuries. The court found that the defendant's offending exhibited several aggravating features, including the use of a weapon, extreme violence, the attack being aimed at the victim's head, the seriousness of the injury, the victim's vulnerability, and an element of premeditation. The court determined that the case fell at the upper end of Band 2 of Taueki, attracting a starting point of between 9 and 10 years' imprisonment. After considering the aggravating and mitigating factors, the court imposed a sentence of six years and eight months imprisonment on the charge of wounding with intent to cause grievous bodily harm and three months' imprisonment on the charge of breach of protection order, to be served concurrently with the previous sentence. The court also made orders that the identity of the victim or any details leading to her identification are to be suppressed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Extreme Violence

  • Use of a Weapon

  • Premeditation

  • Vulnerability of the Victim

  • Aggravated & Exemplary Damages

  • Sentencing

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Most Recent Citation
R v Wu [2022] NZHC 1320

Cases Citing This Decision

10

Heke v The Queen [2019] NZCA 256
Setu v R [2018] NZCA 127
R v Wu [2022] NZHC 1320
Cases Cited

4

Statutory Material Cited

0

R v Columbus [2008] NZCA 192
Hessell v R [2010] NZSC 135
R v Walker [2015] NZHC 3214