R v Kaisuva [2018] NZDC 3234

Published 30 November 2018

Sentencing — aggravated robbery — convenience store robbery — prior three strikes final warning — full term of sentence without parole required to be served — Sentencing Act 2002. The defendant, Mr Kaisuva, appeared for sentencing on three charges: aggravated robbery, giving false details and breach of home detention conditions. The defendant and co-offender entered a local convenience store. The defendant was carrying a shopping bag and the co-offender was holding a pistol. The victim, upon seeing the men entering, attempted to run out the back to the storeroom but was caught by the co-offender and held at gunpoint and forced to open the till. The victim complied and the defendant took $300 from the till and cigarettes before fleeing. The Judge considered the circumstances of the offending and reached a starting point of five and a half years' imprisonment, based on the premeditation, the choice of weapon, the vulnerable target and impact on the victim. The Judge then added two months due to defendant's relevant prior convictions. The Judge made a six month reduction for youth, given the defendant was only 20 years old, and a 25 percent reduction for his guilty pleas. The defendant was sentenced to three years 11 months' imprisonment on the charge of aggravated robbery. He received a conviction and discharge for giving false details and a concurrent sentence of six months' imprisonment for the breach of home detention. The defendant was also given a final warning under the three strike legislation and will be required to serve the full term of his sentence without parole. Judgment Date: 21 February 2018.