Published 01 October 2019
Sentencing — careless use of a firearm in a manner likely to endanger the safety of people with reckless disregard — unlawful possession of firearm — unlawful possession of an airgun — aggravated robbery — minimum period of imprisonment — Sentencing Act 2002, ss 9 & 86 — Herewini v Police [2014] NZHC 2396 — R v Mako [2000] 2 NZLR 170 — Tiori v R [2011] NZCA 355 — Namana v R [2013] NZCA 640, 11 December 2013 — Heydon v R [2017] NZHC 1127 — Waugh v R [2018] NZHC 895 — R v Brown [2013] NZCA 623. The two defendants appeared for sentencing. The first defendant had pleaded guilty to one charge each of careless use of a firearm in a manner likely to endanger the safety of people with reckless disregard, unlawful possession of that firearm (being a .22 calibre sawn-off rifle) without some lawful, proper and sufficient purpose and unlawful possession of an airgun (being a black BB gun pistol) without some lawful, proper and sufficient purpose. The second defendant had pleaded guilty the day before the trial and faced charges of aggravated robbery, unlawful possession of the rifle and unlawful possession of the black BB gun pistol. A starting point of 33 months' imprisonment was adopted for the first defendant. This was reduced by 15 per cent for a guilty plea (four months before trial was to begin) to a final sentence of 28 months' imprisonment. A starting sentence of eight years' imprisonment was adopted for the second defendant, on the lead charge of aggravated robbery. This was uplifted nine months to reflect the firearms charges and a further three months for offending while he was on bail. This nine year sentence was reduced by five per cent for the guilty plea. Although late, the plea did save the victim from having to give evidence in court. The final sentence was eight years six months' imprisonment. Judgment Date: 8 May 2019.
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