Published 18 July 2019
Sentencing — aggravated robbery — unlawful taking of motor vehicle — cultural report — psychiatric report — Wipa v R [2018] NZCA 219 — R v Barnes [2018] NZCA 42 — R v Henry [2018] NZHC 1983 — Solicitor-General v Heta [2018] NZHC 2453 — Arona v R [2018] NZCA 427 — Sentencing Act 2002, ss 7, 8, 27 & 86. The defendants appeared for sentencing for aggravated robbery and unlawful taking of a motor vehicle. A sentencing indication had set a start point of five years three months for each defendant. The Court decided, by a very slim margin, not to uplift the second defendant's sentence for his extensive list of previous convictions as the full sentence would be served. Both men had s 27 cultural reports but there was no connection between the offending and their difficult upbringings. Nevertheless the Court gave both defendants an 11 per cent discount (seven months) for their personal circumstances, as well as a 25 per cent discount for guilty pleas and a further one-month discount to reflect the sentencing indication. The final sentence for each defendant was three years five months. Judgment Date: 1 February 2019.
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