R v Daveron (Sentencing) - [2024] NZHC 1658
Date of Judgment
21 June 2024
Decision
R v Daveron (Sentencing) (PDF 276 KB)
Summary
Defendant found guilty by a jury of attempted murder (Crimes Act 1961, s 173).
Starting point of 11 years’ imprisonment adopted. Aggravating features of the offending included premeditation, serious injury, use of weapon, and acting in revenge. Attacking the head was also a relevant factor but only to a very minor degree. This placed the offending in band three of the R v Taueki [2005] 3 NZLR 372 (CA) sentencing bands for serious violent offending.
No uplift given for defendant’s previous convictions.
15 percent discount applied overall for defendant’s cultural background factors and addiction issues. Pre-sentence reports demonstrated defendant’s background of deprivation and frequent exposure to violence and substance abuse from a young age. Defendant had methamphetamine addiction at time of offending.
Minimum period of imprisonment not necessary to meet purposes under s 86 of the Sentencing Act 2002.
Defendant sentenced to nine years and four months’ imprisonment.
Starting point of 11 years’ imprisonment adopted. Aggravating features of the offending included premeditation, serious injury, use of weapon, and acting in revenge. Attacking the head was also a relevant factor but only to a very minor degree. This placed the offending in band three of the R v Taueki [2005] 3 NZLR 372 (CA) sentencing bands for serious violent offending.
No uplift given for defendant’s previous convictions.
15 percent discount applied overall for defendant’s cultural background factors and addiction issues. Pre-sentence reports demonstrated defendant’s background of deprivation and frequent exposure to violence and substance abuse from a young age. Defendant had methamphetamine addiction at time of offending.
Minimum period of imprisonment not necessary to meet purposes under s 86 of the Sentencing Act 2002.
Defendant sentenced to nine years and four months’ imprisonment.