district court logo

R v Whittaker [2018] NZDC 1158

Published 21 August 2018

Aggravated robbery — unlawfully getting into a motor vehicle — dishonestly using a document — one charge of driving whilst disqualified third or subsequent — possession of an offensive weapon — assault — sentencing — R v Mako [2002] 2 NZLR 170 (CA). The defendant was sentenced on a number of charges including assault, aggravated robbery and dishonestly using a debit card belonging to a victim. The court took into account the aggravating factors of the use of an imitation firearm, home invasion and the impact of the offending on the victim. The court adopted an overall starting point of eight years and three months' imprisonment and made adjustments to reflect his previous relevant convictions and his difficult background. Credit was also given to reflect the defendant's guilty pleas, which were entered at different stages on different charges. The defendant was sentenced to a total term of imprisonment of six years and six months and was disqualified for two years. The court made an order for the destruction of weapons but declined to make a reparation order as it was deemed to be unrealistic. Judgment Date: 24 January 2018.