Published 23 July 2019
Sentencing — robbery — breach of release conditions — Nicholls v Police [2016] NZHC 1979 — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentence on two charges of robbery and breach of release conditions. The latter offence involved the defendant moving from Paeroa to Palmerston North without notifying his probation officer or Community Probation Services. In the first robbery, he had threatened the victim with an air pistol, punched the victim several times, threatened to kill the victim and another person, then stole several items including a phone worth about $700. In the second robbery he had gone to a residential address, kicked and damaged several doors, assaulted and threatened one of the occupants, then stole various items belonging to this victim. Considering the range of aggravating factors (including use of weapon, threats, and demeaning conduct towards one of the victims), the Court set a start point of five years and uplifted this by six months because of the defendant's history of violent offending. With discounts for guilty plea and attempts at rehabilitation, the final sentence was three years and six months' imprisonment. Judgment Date: 20 July 2018.
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