Published 10 June 2019
Sentencing — aggravated burglary — three strikes warning — R v Mako [2000] NZLR 170 — R v Taueki [2005] 3 NZLR 372 — R v Rua [2008] NZCA 38. The defendant appeared for sentencing on one charge of aggravated burglary. The defendant turned up at the victim's address with an unknown associate, dressed in disguise and armed with a baseball bat. The associate had what the victim believed was a firearm covered with a sheet. The defendant threatened and injured the victim with the bat, causing the victim lost wages and time off work. The Judge considered relevant case law, the aggravating features of the offending and the defendant's criminal record, and adopted a starting point of five years. The Judge granted a 5 percent discount for the defendant's mental health issues and a further reduction to 55 months for the defendant's willingness to participate in restorative justice. The defendant was also granted a 25 percent discount for his guilty plea, bringing the end sentence to three years five months' imprisonment. The defendant also received a three strikes warning.
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