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R v Bristow [2019] NZDC 3639

Published 05 July 2019

Sentencing — aggravated robbery — attempting to pervert the course of justice — unlawfully taking a motor vehicle — methamphetamine — drugs — previous convictions — R v Mako [2000] 2 NZLR 170 — R v Accused CA293/92. The defendant appeared for sentencing on one charge each of unlawfully taking a motor vehicle, aggravated robbery and attempting to pervert the course of justice. Four men had robbed a restaurant dressed in bulky clothes and hooded jackets and armed with screwdrivers and pistols. $1300 cash was taken, along with the manager's handbag. The charge of attempting to pervert the course of justice related to different offending where the defendant, along with another man, had convinced someone to falsely claim ownership of 51 grams of methamphetamine found in a police raid. The Crown submitted a starting point of five and half to six years' imprisonment for the lead charge of aggravated robbery. This was based on the aggravating features being the planning and preparation (use of disguises, stealing a car the day before and possession of hand guns and screwdrivers), the number of people involved, the types of weapons used, the manager had a gun pointed at her head, that the premises were targeted, the property stolen being $1300 in cash and the impact on the victim. Counsel for the defendant accepted these factors but emphasised it was unknown whether the firearms were loaded. The Judge adopted a starting point of five and a half years' imprisonment. An uplift of six months was given for the attempting to pervert the course of justice charge. An uplift of 12 months was applied for prior convictions of aggravated robbery. A 12 month reduction was given as the defendant had promised to repay the $1300 taken from the restaurant and pay the victim $700 reparation. Finally, a reduction of 12 months was given as the defendant had helped prison authorities at a risk to his own safety and had spent a year in segregation. The final sentence was five years' imprisonment. Judgment Date: 27 February 2019.