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R v Ale [2023] NZDC 23717

Published 28 May 2024

Sentencing — burglary — aggravated burglary — aggravated robbery — unlawful taking of a motor vehicle — theft — possession of a firearm — R v Mako [2000] 2 NZLR 170 (CA) — R v Inamata [2015] NZHC 284 — King v Parole Board [2007] NZAR 289, (2007) 22 CRNZ 917 — Churchward v R [2011] NZCA 531, (2011) 25 CRNZ 446. The defendant was to be sentenced for charges of burglary, aggravated burglary, aggravated robbery, unlawfully taking of a motor vehicle, theft and possession of a firearm. The charges arose out of a string of robberies in Auckland, South Auckland and Napier, targeting petrol stations, superettes and a jewellery store. The defendant and his co-offenders wore masks and brandished weapons, and in the jewellery store robbery alone left with $140,000 worth of goods. The Court set the initial starting point at 10 years and three months' imprisonment, uplifted to 10 years and six months for the fact that the offending occurred while on bail. Discounts were granted for youth, personal matters set out in the cultural report and the defendant's guilty pleas. The end sentence was three years and eight months' imprisonment. Judgment Date: 27 October 2023