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R v Fukofunka [2018] NZDC 8924

Published 06 May 2019

Sentencing — aggravated robbery — using a firearm against a law enforcement officer — dangerous driving — failing to stop — sentencing indication — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentencing having pleaded guilty to aggravated robbery, using a firearm against a law enforcement officer, dangerous driving, and failing to stop. The defendant, along with two others, targeted a convenience store. One person remained in the car as the getaway driver, while the defendant and one other person entered the store disguised. The defendant was armed with a cut off .22 calibre pistol which he fired as a warning. The defendants fled in the waiting car, driving at high speed. During the police chase, the defendant fired his weapon at police. They were eventually apprehended and the firearm was found. The defendant had previous been provided a sentencing indication which he had accepted. Accordingly, the Judge fixed a starting point of nine years' imprisonment. The Judge provided a 25 percent discount for the guilty plea, as well as a six month discount reflecting the defendant's remorse and his engagement with various self-improvement courses. The end sentence was six years, six months' imprisonment and six months disqualification from holding or obtaining a driver's licence. Judgment Date: 7 May 2018.