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R v Tinirau [2019] NZDC 1761

Published 19 July 2019

Sentencing — aggravated robbery — unlawfully getting into a motor vehicle — DNA evidence — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentence on one charge of aggravated robbery and one of unlawfully getting into a motor vehicle. He and two others had robbed a service station using a stolen car. They had smashed their way in and stolen cigarettes, tobacco and cash. The defendant was later identified through DNA evidence from clothes found in the abandoned getaway car. Aggravating features were the use of disguises, which suggested a level of planning and premeditation; group offending; use of violence to break into the store; and significant amount of property stolen and damage to the premises. The Court set a start point of four years, uplifted by three months for unlawfully getting into a motor vehicle, and gave an extra five months for previous convictions. The Court found that the defendant's difficult upbringing was not a mitigating factor and he had also shown no remorse. The final sentence was four years eight months' imprisonment. Judgment Date: 1 February 2019.