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R v Franks [2024] NZDC 7900

Published 11 September 2024

Sentencing — aggravated burglary — possession of a non-prohibited firearm — breach of protection order — cultivation of cannabis — Sentencing Act 2002 — R v Watson CA224/03, 24 October 2003 — R v Mako [2000] 2 NZLR 170 (CA) — R v Fenton CA293/08, 19 September 2008 — Pomana v Police [2017] NZHC 582 — R v Terewi [1999] 3 NZLR 62 (CA) — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607. The defendant was to be sentenced after pleading guilty to a number of charges including aggravated burglary. The victims of the offending were the defendant's ex-partner and her new partner. The defendant had gone to the the first victim's address and pointed a rifle at her, telling her to get in his vehicle. He then broke into the house and struck the second victim in the head four to five times with a closed fist, and hit him in the arm and ribs with the butt of the rifle multiple times before leaving the scene. When police later searched the defendant's home they found two rifles, and a large number of cannabis plants at different stages of growth along with growing tents, lights and timers. The aggravating features of the offending were the use of violence, threatening use of the weapon, premeditation, vulnerability, breach of a protection order and the fact that there were children present at the time of offending. The starting point was set at six years and six months. Discounts were granted for guilty plea, remorse, rehabilitative steps taken, and time spent on EM bail. The end sentence was four years' imprisonment. Judgment Date: 10 April 2024