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R v Poi [2019] NZDC 3418

Published 21 June 2019

Sentencing — burglary — attempted burglary — loitering — theft — unlawfully interfering with a motor vehicle — Arahanga v R [2012] NZCA 480 — R v Ngamo [2009] NZCA 512. The defendant appeared for sentence having pleaded guilty to 17 charges including nine of burglary, one of attempted burglary and other charges of loitering, theft and unlawfully interfering with a motor vehicle. The Judge adopted a starting point of five years' imprisonment for the lead burglary charges, in accordance with Arohanga v R. The aggravating features of the offending were that the burglaries were often residential properties, that there was degree of planning and premeditation and the burglaries were perpetrated while victims were asleep in their homes. The Judge uplifted three months for the remaining charges and a further two months for the defendant's prior convictions. The Judge granted a 20 per cent discount for the defendant's guilty plea, bringing the end sentence to four years and three months, with the remaining charges to be served concurrently. Judgment Date: 25 February 2019.