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R v Wereta [2019] NZHC 2734

25 October 2019

Decision

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Summary

Third-strike sentencing for the deliberate infliction of grievous bodily harm. Defendant repeatedly stabbed another prisoner and kicked his head. Offending motivated by inter-gang rivalry. HELD: Criteria for preventive detention satisfied. Defendant has an extensive history of violence and poses a high risk of violence. But, a minimum period of 14 years would be manifestly unjust. Important to the community the defendant has some hope of release-this may encourage reform. Preventive detention imposed with a minimum period of eight years. Discussion of seriousness of violent offending within prison. To treat this as less serious would promote the law of the jungle, not the rule of law.


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