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R v Wairama [2019] NZDC 13793

Published 12 July 2021

Sentencing — transfer from Youth Court — aggravated robbery — unlawfully taking a motor vehicle — unlicensed driver — failing to stop — home detention. The defendant faced a raft of charges, the most serious being two aggravated robberies. When he was 16, he and another young person had stolen a car and used it to drive to a service station in order to rob it. They had been unable to get inside, despite the defendant's youth co-offender trying to smash his way in with a hammer. They had moved on to another service station where they got inside, forced the worker to open the till and took cigarettes. Initially the defendant had been charged in the Youth Court but he had been transferred to the District Court for sentencing. Aggravating features of the offending were that the defendant was disguised for some of the offending, the continued attempt at robbing a service station after the initial failure, planning and premeditation and that at the time of the aggravated robberies the defendant was under supervision for previous offending. A starting point of five years' imprisonment was adopted. A 25 per cent discount was given for youth, 15 per cent was given for the defendant's low cognitive ability and a 25 per cent reduction was made for an early guilty plea. This brought the sentence down to 27 months' imprisonment, which was outside the range for home detention. The Judge reduced this to 20 months to account for time the defendant had already spent in custody. Home detention was the recommended sentence, so the final sentence was 10 months home detention, followed by six months' post detention conditions. The Judge gave the defendant a warning that if he repeated the offending he would face a long term of imprisonment and urged him to make the most of the opportunity he had been given. Judgment Date: 17 July 2019.