Youth Court Decisions How to Use Full list of key titles CYPFA section Date

The Queen v Chankau , 19 December 2007, Court of Appeal, Hammond, John Hansen, Miller JJ, CA265/07 [2007] NZCA 587

Name: The Queen v Chankau
Unreported
File number: CA265/07 [2007] NZCA 587
Court: Court of Appeal
Location:
Date: 19 December 2007
Judge: Hammond, John Hansen, Miller JJ
Charge: causing grievous bodily harm with intent to cause grievous bodily harm
CYPFA:
Key title: sentencing – serious assault

Case Summary:
C (15 years old at the time of the offence) appeals against conviction for gbh with intent to cause gbh, and sentence of seven years in prison.

C hit 51 year old woman with kilikiti bat causing serious head injuries. Attack occurred in the midst of a fight between members of woman’s family and C and associates, who had earlier been involved in fighting with members of Crips gang.

CA dismissed criticism of trial judge’s summing up.

In passing sentence, trial judge mentioned aggravating factors including the serious injury, the use of a bat, and the vulnerability of the victim. Also mentioned as aggravating was C’s conduct after the attack (laughing) and during the trial.

In mitigation, C had no previous convictions, and strong family and church support. The trial judge adopted a starting point of 10 years imprisonment.

The CA acknowledged age as a mitigating factor, and recognised that a lengthy sentence of imprisonment could be crushing to a young person. The Court also said age alone does not often justify substantial discounts in violent cases, and cited a number of decisions.

Decision: Appeals against conviction and sentence dismissed.