Published 08 April 2019
Sentencing — aggravated robbery — dangerous driving — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentence having been convicted of aggravated robbery, dangerous driving and failing to stop. She had driven her two co-offenders to a dairy, and waited outside in the car while they robbed the dairy and committed a serious assault on the shopkeeper. She subsequently entered the dairy, wiping fingerprints off the front door, and then drove dangerously in an attempt to escape a police pursuit. At trial, she argued unsuccessfully that she did not know her co-offenders planned to rob the dairy, and said that she drove away dangerously because one of them had threatened her. The defendant argued for a sentence of home detention, to her reflect her lower culpability than that of her co-offenders. The Crown argued for a starting point for sentence of four and a half years' imprisonment. The Court found that the defendant was less than a full participant in the robbery. There was no evidence that she knew of the violence to be inflicted on the shopkeeper, and she was only briefly present in the shop during the robbery. A starting point of four years and three months' imprisonment was adopted. A nine-month discount was given to reflect the hardship to the defendant of being separated from her six children. The final sentence was three years six months' imprisonment, plus six months' disqualification from holding or obtaining a driver's licence. Judgment Date: 13 March 2018.
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