IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA
TĀMAKI MAKAURAU ROHE
CRI-2017-044-004373
[2018] NZHC 2510

THE QUEEN
v
STEAD NUKU

[…]

Judgment:
26 September 2018

SENTENCING REMARKS OF DOWNS J

Introduction

[1] Mr Nuku, you are for sentence on two charges of wounding with intent to injure. Both are third-strike offences. This means I must impose the maximum penalty of seven years’ imprisonment. And, I must order you to serve the sentence without parole, unless that would be manifestly unjust.

[2] The Crown also seeks preventive detention. As you probably know, preventive detention is an indefinite sentence.

Facts

[3] You committed both offences at Auckland Prison in Paremoremo. Before I describe them, I address your first- and second-strike offences. All exhibit very serious violence.

[…]

[19] But for the three-strikes regime, I would have sentenced you to five years and one month imprisonment, subject only to a possible deduction for totality.12 I would have imposed a minimum period of two-thirds to denounce your offending and protect the public. So, you would have received a substantial term of imprisonment, with a correspondingly long minimum, meaning non-parole period.
[20] Against this background, I am satisfied parole ineligibility for the duration of the mandatory sentence of seven years’ imprisonment would not be manifestly unjust.

[…]

Preventive detention

[26] Preventive detention may be imposed when a person is convicted of a qualifying offence, was 18 years or over at the time the offence was committed, and the Court is satisfied the offender is likely to commit a qualifying offence after serving a finite sentence. There is no dispute the first two of these are met.
[27] The question is whether you are likely to commit a qualifying violent or sexual offence on release. Even then a discretion remains. Preventive detention is not a sentence of last resort, but it is exceptional. A long but determinate sentence is preferable when it would adequately protect the community.

[…]

[40] Mr Nuku, would you now please stand:

(b) You must serve at least seven years’ imprisonment.

This sentence is concurrent on your existing ones.

[41] Please stand down.

Full sentencing notes: 2018NZHC2510RvNuku.pdf

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