R v Karu [2017] NZDC 20268

Published 14 March 2018

Home invasion — aggravated burglary — sentencing — parity — second strike. Having pleaded guilty to a charge of aggravated robbery, the defendants were sentenced for entering the victim's home in the early hours of the morning armed with a pistol and a large butcher's knife. You detained the victim, tying him up, ransacking his home and taking his property. When he attempted to escape, he was assaulted and you left him lying, possibly unconscious on the floor. The first defendant had five previous convictions for aggravated robbery that were incurred before the strike regime was implemented, as well as recent violence convictions. The second defendant had previous convictions including recent convictions for violence and one conviction for aggravated robbery for which the defendant had been given a strike warning. The court noted that the second defendant was on his second strike and that the court was unable to step back from the consequences of that. The first defendant was sentenced to a term of imprisonment of six years and two months' and was ordered to pay reparation of $3,502; the second defendant received a sentence of five years and five months' imprisonment. Judgment Date: 8 September 2017.