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R v Wedgewood [2018] NZDC 1547

Published 24 August 2018

Aggravated burglary — threatening to kill — assault — sentencing — R v Watson CA224/03 — R v Mako [2000] 2 NZLR 533 (CA). The defendant and three associates entered a dwellinghouse for the purpose of taking items and assaulting the victims; to recover items that the defendant regarded as his stolen property. The male complainant was assaulted and bound with duct tape. Items including cellphones, tablets and clothing were taken. The court noted that it was not appropriate for the defendant to "mete out [his] own personal justice". The offending was planned, involved recruiting the associates that accompanied the defendant to the address, the presence of a weapon, the entering of a residential address, the extent of loss, use of violence and the number of offenders. The court took an overall starting point of four years and six months' imprisonment before applying discounts to reflect the fact that there may have been some justification for the offending, although the court condemned the offending, willingness to take part in rehabilitation, and the defendant's prompt guilty plea. The defendant was sentenced to three years' imprisonment on the charge of aggravated burglary, with a sentence of 18 months' imprisonment for the threat to kill, and six months' imprisonment on the charge of assault, all sentences to be served concurrently. A strike warning was given. Judgment Date: 30 January 2018.