R v Mark [2017] NZDC 11301

Published 10 October 2017

Sentencing — wounding with intent to caused grievous bodily harm — GBH — attempting to pervert the course of justice. The defendant made a decision to deliberately crash into a motorbike after chasing it to cause harm to the rider. The crash caused extensive damage to the defendant's vehicle and the victim was significantly injured. Following this, associates of the defendant attempted to remove evidence from the scene of the accident, and a passenger of the defendant was directed to confess to the police. The passenger did so but his confession was not believed, he later recanted that confession and gave evidence against the defendant. The court noted the defendant's role as the President of a gang, and his previous convictions. In relation to the first charge, the aggravating factors were the use of a weapon - namely a car, the significance of the injuries, and the level of premeditation. The defendant was sentenced to six years' imprisonment. Judgment Date: 26 May 2017.