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R v Olive [2018] NZDC 7343

Published 06 May 2019

Sentencing — aggravated robbery — breach of supervision — breach of community detention. The defendant appeared for sentencing on a lead charge of aggravated robbery, in addition to three other charges brought by Corrections, namely breach of community work; breach of supervision; and breach of a sentence of community detention. The defendant pleaded guilty to aggravated robbery of a store with two co-offenders. The defendant was armed with a shotgun when the three entered the store and demanded money from the safe. The defendants escaped with $19,000, having detained and kicked the victim. They were caught on CCTV and later apprehended. The Judge adopted a starting point of five and a half years' imprisonment and uplifted two months for the Corrections charges and the offending while on bail, respectively. The Judge acknowledged the defendant's willingness to fully engage the restorative justice process and undertake a CADS course, and some personal difficulties in his life. The defendant earned a 20 percent discount. A further discount was granted for the defendant's guilty plea, bringing the final sentence to 42 months' imprisonment. The community work, supervision and community detention were cancelled. Judgment Date: 16 April 2018.