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R v Maresca [2018] NZDC 12831

Published 04 July 2019

Sentencing — aggravated robbery — wounding with intent to injure — burglary — driving while disqualified — breach of community work — crime spree — sentencing indication. The defendant appeared for sentence having pleaded guilty on a range of charges committed within a 9 month period, which included aggravated robbery, demanding with menaces, wounding with intent to injure, burglary, assault, driving while disqualified and breaching community work and supervision. At the time of the offending the defendant was 18 years old. The Judge had previously provided a sentencing indication which fixed a starting point of six years' imprisonment for the aggravated robbery and demanding with menaces charges; a starting point of three years for the wounding with intent to injure charge; and a starting point of one and a half years for the burglary charges. The cumulative starting point was ten and a half years but was adjusted to nine years having taken into account totality principles. The Judge granted a 40 per cent discount for the defendant's youth, willingness to engage in restorative justice, prospects of rehabilitation and his dysfunctional family background. A further 21 per cent was discounted for the defendant's guilty plea and an adjustment was made for the defendant's participation in the drug and alcohol assessment and cultural report. The end sentence was a total of four years, three months' imprisonment on the aggravated robbery charge; the remaining charges were to be served concurrently. Orders were made for the return of recovered property, disqualification from driving for 13 months and destruction of the pistol seized by police. Judgment Date: 27 June 2018 .