New self-defence evidence prompts re-sentencing in Rotorua stabbing case

Riingi Puni Mark will be re-sentenced in the Rotorua District Court. Photo / File

A woman who stabbed her partner, giving him life-threatening injuries, is due to be re-sentenced after new evidence suggests she was acting in self-defence.

After a jury trial in the Rotorua District Court, Riingi Puni Mark was sentenced in October 2017 to five years and six months' imprisonment on a charge of wounding with intent to cause grievous bodily harm.

The conviction relates to an incident on February 6, 2014 when Mark stabbed her partner of three years multiple times.

The pair was known to police for domestic violence.

Now, Mark has introduced new evidence and the appeal findings, released this week, reveal her sentence has been quashed and she will be re-sentenced.

At the time of the jury trial, Mark's affidavit stated her partner had become "really violent" after a party where he had drunk alcohol and used synthetic cannabis.

"She says he started to hit her with a bottle at which point she grabbed a knife that probably belonged to him and stabbed him multiple times."

He spent several weeks recovering in hospital from the injuries and Mark also spent four days in the hospital.

The Crown case at the time was that Mark was responsible for the injuries of her partner which she had inflicted after becoming "enraged by his flirtatious behaviour".

Now Mark has said she stabbed her partner when defending herself from an attack and was using self-defence.

"Mark explains that she wishes to take full responsibility for her actions ... it is only since she has received psychological therapy and counselling in prison that she has been able to gain an insight into her offending."

In the findings, Justice David Collins said Mark's evidence was not fresh but it was credible and could affect the sentence.

"It is entirely consistent with the extensive history of abuse that was a hallmark of the relationship."

Justice Collins said if Judge Maree MacKenzie had been provided with the benefit of understanding the new account of events introduced in the appeal, she may have treated Mark's actions as self-defence and reduced the sentence, in light of all the circumstances.

"What Mark is saying is that there are mitigating factors that ought properly to be assessed by the sentencing judge."

The decision made it clear no fault could be attributed to the sentencing Judge in this case.

As a result of the appeal, Mark's case will be sent back to the Rotorua District Court for it to "reach its own conclusions on the merits of the new evidence" and determine what effect it would have on her sentence in light of all the circumstances.

Mark will next appear before the courts on May 31.