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R v Lewis [2024] NZDC 5975

Published 13 September 2024

Sentencing — aggravated robbery — aggravated burglary — assault with a weapon — attempting to pervert the course of justice — Sentencing Act 2002, ss 27 & 86. The defendant appeared for sentencing on two charges of aggravated robbery and one each of aggravated burglary, assault with a weapon, and attempting to pervert the course of justice. He and another person had robbed a pub while in disguise and carrying weapons. During the robbery the defendant had repeatedly struck the pub owner with a baseball bat, in spite of the fact that the owner was complying with the defendant's demands. Shortly afterwards the defendant and his co-offender robbed a KFC, again while in disguise and carrying weapons. Finally, still on the same day, the defendant and co-offender went to a residential address, forced their way inside, and demanded money from the occupants. The defendant then rammed the garage with a stolen vehicle and assaulted one of the home's occupants with a weapon, causing a laceration and broken ribs. After being arrested, the defendant wrote a letter attempting to pressure his co-offender to say that the defendant was not involved in the offending. For all the offending, the Court set a sentencing start point of 12 years' imprisonment with a 10 per cent uplift for previous offending and offending soon after being released from prison. The Court then made a reduction for background factors, meaning a final sentence of 10 years' imprisonment. Judgment Date: 15 March 2024