R v Wereta

Rawiri David Wereta appeared in the High Court of New Zealand for sentencing after pleading guilty to charges of assault with a weapon and common assault. The assault with a weapon charge carried a maximum penalty of five years imprisonment, while the common assault charge carried a maximum penalty of one year imprisonment. The court heard that the offences occurred in Auckland Prison on 11 September 2016. Wereta had fashioned a makeshift weapon, a 30–40cm long sharpened piece of metal, and assaulted two victims, causing significant injuries to one. The court was required to determine an appropriate sentence, taking into account the purposes and principles of sentencing as set out in the Sentencing Act 2002.

The court first established a suitable starting point for the offending, considering the gravity of the offences and the presence of aggravating factors such as premeditation, use of a weapon, and attack on the head. The court found that the offending fell within band two of the Nuku v R tariff, with a starting point of up to three years imprisonment. The court also considered relevant cases with similar offending, adjusting the starting point based on the specific circumstances of the case. The court then adjusted the starting point based on Wereta's personal circumstances, including his lengthy criminal history and previous convictions for violence. The court applied an uplift of two months to reflect Wereta's greater culpability and the need for increased deterrence, as well as the seriousness of offending in a prison setting. Finally, the court applied a 25% discount for Wereta's guilty plea, bringing the sentence to 12 months.

The court then considered the impact of the sentence in totality, taking into account Wereta's existing prison term. The court decided to reduce the sentence to 10 months imprisonment for the assault with a weapon charge and three months imprisonment for the common assault charge, to be served concurrently. The court noted that Wereta would not be eligible for parole until 2028.