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R v Waugh [2018] NZDC 1237

Published 04 September 2018

Aggravated robbery — robbery of residential property — sentencing — R v Mako [2000] 2 NZLR 170 (CA). The defendant was sentenced on one charge of aggravated robbery where he entered a residential address through a window, assaulted and tied up the victim and stole his personal property, cannabis plants and his vehicle which was later found burnt out. As a result of the offending, the victim suffered a number of injuries, including facial fractures and a wound to his head. The aggravating factors of the offending were the value of the items stolen, the use of actual violence, detention of the victim, the serious injuries suffered by the victim, home invasion and premeditation. The court identified an appropriate starting point of nine years' imprisonment and was given a discount for his personal circumstances, attempts to rehabilitation, for the fact that he was essentially a first offender with the exception of two traffic convictions, and for his early guilty plea. The defendant was sentenced to five years' and seven months' imprisonment. No reparation was ordered. Judgment Date: 25 January 2018.