Published 23 July 2019
Sentencing — robbery — Hessell v R [2010] NZSC 135 — R v Mako [2000] 2 NZLR 170 — Peauafi v Police [2014] NZHC 2537. The defendant appeared for sentence having pleaded guilty to two charges of robbery. The defendant, along with a co-offender, punched and kicked two tourists on two separate occasions, a few hours apart. In both instances, the defendant made off with more than $1000 worth of cash and other items. The Judge identified the aggravating factors of the offending, namely: the extend of offending (twice in a few hours), the physical violence, the physical and emotional harm to the victims, and the premeditation. The Judge, applying R v Mako, adopted a starting point of two and a half years for the first robbery, with an uplift of 12 months for the second robbery. A further uplift was applied for the defendant's history of offending. In determining the discount for the guilty plea, the Judge considered Hessell v R, and determined the late guilty plea only warranted a 15 per cent discount, bringing the end sentence to three years and three months' imprisonment. Judgment Date: 28 March 2019.
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