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R v Topp [2022] NZDC 10909

Published 13 April 2023

Two defendants appeared for sentence on charges of kidnapping and aggravated robbery. The first defendant had lured the victim into meeting her near some shops. When the victim arrived, the second defendant and two others attacked and robbed him and forced him to tell them his internet banking and eftpos codes. The second defendant and the two others put a rope around the victim's neck and drove him to an isolated beach where they again attacked him, set his car on fire and abandoned him. The victim suffered only minor physical injuries, but was traumatised by the attack. The offending was aggravated by actual violence, vulnerable victim, group offending, and premeditation. For both defendants, the start point for sentence was four years' imprisonment. The defendants got discounts for guilty pleas, background factors and time spent on bail, as well as remorse and prior good character (the first defendant) and willingness to do restorative justice (the second defendant). The final sentence for both defendants was 12 months' home detention and 150 hours' community work. Judgment Date: 13 June 2022