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R v Dempsey [2018] NZDC 7536

Published 06 May 2019

Sentencing — using firearm to resist arrest — indecent act — Sentencing Act 2002, ss 7, 8, 86 — Crimes Act 1961, s 198 — R v Hartley [2012] NZHC 2124 — R v Harris [2008] NZCA 214 — R v Kahu [2017] NZHC 983 — three strikes warning. The defendant appeared for sentencing having pleaded guilty to a range of charges, including committing an indecent act, using a firearm to resist arrest, unlawfully carrying a firearm, driving in a dangerous manner, and theft. The defendant exposed himself to a group of young children. The children ran away upon seeing this and the defendant returned home where he was asked where he'd been. He denied being where he was, and once he was left at home alone he went to the shed and got a firearm, ammunition and petrol containers. The defendant drove to a service station, took $237.91 of fuel, changed the registration plates on his car and drove away. He was ultimately tailed by police, leading the defendant to get out of the vehicle, load his firearm, and aim and fire at an officer. The gun, however, misfired. The Judge considered the personal history of the defendant, including his prior convictions for sexual offending, the impact on the victims and case law in fixing a starting point of six years and eight months' imprisonment for the charge of using a firearm to resist arrest. The Judge also granted a five percent discount for remorse and a 25 percent discount for the defendant's guilty plea. The Judge then considered the overall offending and, when viewed in totality, reached an end sentence of four years and six months on the lead charge. The Judge also ordered the destruction of the firearm and ammunition and gave the defendant his final three strikes warning. All other charges were served concurrently and the defendant had to serve the four years and six months without parole or early release. Judgment date: 18 April 2018.