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R v Leota [2019] NZDC 9808

Published 01 October 2019

Sentencing — aggravated robbery — Australian deportee — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentence on aggravated robbery charges. The defendant, having consumed alcohol at home, decided to rob a local liquor store. The defendant held a knife to both a security guard and a store employee, leaving with a cellphone, a bottle of whiskey and over $900 in cash. He was apprehended by police shortly after but was co-operative. The defendant was a recent deportee from Australia back to New Zealand. He had also failed to comply with his conditions as a returned offender. The Judge adopted a nominal starting point of five years' imprisonment. The Judge did not uplift for prior offending in Australia as the defendant was no longer surrounded by his primary support structure and was vulnerable, suffering from a mental health disorder and a significant drug dependency. The Judge did grant the defendant a discount of six months for his poor mental health and an early guilty plea. The end sentence was three years four months' imprisonment and the defendant was given a three strikes warning. Judgment Date: 24 May 2019.