Published 27 March 2019
Sentencing — aggravated robbery — offending on bail — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentencing on one charge of aggravated robbery, following a sentencing six months earlier for aggravated robbery, assault with intent to rob and injuring with intent to cause grievous bodily harm. The present case occurred while the defendant was out on bail for those previous offences. The defendant and four other men arrived at a service station in disguises, armed with a hammer and a short axe. The victim was working alone. The defendant threatened the victim and demanded money and cigarettes. The group stole $5738 worth of cigarettes and $327 in cash. The Judge, in determining the starting point, paid close attention to the prior sentencing and viewed the offending in totality. The Judge reached a starting point of nine years and six months' imprisonment, then applied a six month uplift for offending while on bail. In turning to mitigating factors, the Judge recognised the prior discounts given for youth and the defendant's guilty plea were still relevant, and made reductions of 30 percent and 25 percent, respectively. The final sentence was a net sentence across the offending of five years and three months' imprisonment. Judgment Date: 21 March 2018.
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