R v Elisara [2017] NZDC 10467

Published 11 September 2017

Sentencing — aggravated robbery — assault with intent to injure — breach of bail. The defendant and associates entered a house in disguises and wielding weapons. The defendant was holding a one metre long axe. The defendant and other associates questioned a female who was in the lounge room and then moved to a bedroom with a co-offender to demand drugs from the occupant. The defendant knew the purpose of entering the home, and was present when a knife was held to the neck or face area of a victim. The defendant also took his share of the goods stolen from the home. The court accepted that the defendant was a follower and not a leader, but also that he was a willing participant in the offending. In relation to the assault, the defendant was intoxicated in a public place where he engaged in a verbal altercation with a victim. He threw approximately 12 punches at the victim's face and stomped on him before dragging him along the ground. In sentencing, the court took into account the defendant's age, and the defendant's rehabilitative prospects and remorse — the defendant's previous history was not relevant. The defendant was sentenced to five years and nine months' imprisonment. Judgment Date: 17 May 2017.