Published 12 July 2021
Sentencing — burglary — unlawful killing of animals — damage to property — endangering rare birds — use of weapons — Moses v R [2020] NZCA 296. The defendant appeared for sentence on charges of burglary and breach of bail. He and unknown co-offenders had unlawfully entered a wildlife sanctuary and shot several rare deer as well as a pet goat. They had then broken down the sanctuary's fence to make their getaway. The defendant had been caught because of DNA evidence left at the scene; he initially denied the offending but eventually admitted to it. A victim impact report noted that the offending had damaged the expensive, purpose-built fence; had compromised a deer-breeding programme; had placed rare native birds in danger, and disrupted their breeding programmes; and had potentially put other people in danger. The offending was aggravated by targeting a wildlife sanctuary; the use of firearms in close proximity to occupied buildings; endangering the native birds; killing rare animals; and causing distress by killing a pet. The Court commented on the need to strongly deter this type of offending, and set a start point for sentence of 20 months' imprisonment. In mitigation the defendant had taken responsibility for the offending and had offered to pay full reparations, although unknown others had also been involved. The defendant was also going through personal problems at the time of the offending. The final sentence was seven months' home detention and $8500 in reparations. Judgment Date: 10 September 2020.
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