district court logo

R v Vernon [2019] NZDC 3144

Published 21 June 2019

Sentencing — aggravated burglary — presenting a firearm — shotgun — joint enterprise — sentencing indication — Misuse of Drugs Act 1975 — Arms Act 1983. The defendant appeared for sentence having accepted a sentencing indication from the Judge that adopted a starting point of five years' imprisonment. The defendant was charged with aggravated burglary, presenting a firearm and presenting a shotgun. The defendant, with two other men, travelled to the address of the two victims. The defendant and co-offenders entered the property by force, gagged a female victim with a chemical-soaked cloth, punched her in the head and pointed a firearm. The defendant aimed a firearm at the second victim and instructed her to get on the ground and asked her where her money and phone were. The defendants ultimately left together by vehicle before being stopped at a police checkpoint and arrested for aggravated burglary. The Judge accepted the remorse and rehabilitative efforts of the defendant and granted a four-month discount, in addition to the 25 percent discount for the defendant's guilty plea. The end sentence was three years six months for the aggravated burglary, with 18 months for the two Arms Act charges to be served concurrently. Judgment Date: 25 February 2019.