New Zealand Police v Te Runa [2017] NZDC 23135

Published 23 May 2018

Injuring with intent to cause grievous bodily harm — prison assault — sentencing — Nuku v R [2012] NZCA 388 — R v Taueki [2005] 3 NZLR 372 — Palalagi v Police [2015] NZHC 1832 — Barnes v R [2017] NZHC 1786. The defendant was sentenced for assaulting his cellmate while detained at a correctional facility. The defendant would assault the victim for a prolonged period of time each day as "conditioning" of the victim who was a prospect for the defendant's gang. The injuries sustained by the victim included two hematomas and rib fractures. The offending was prolonged, premeditated, involved serious injury and attacks to the head, and was gang related; all of which were aggravating features. An uplift was applied in respect of the defendant's history of prior offending that included serious violence. The court noted the mitigating factor of the defendant's guilty plea, as well as the defendant's age and offer to engage in restorative justice. The defendant was sentenced to three years and six months' imprisonment. Judgment Date: 11 October 2017.