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R v Deed [2018] NZDC 6109

Published 23 May 2019

Sentencing — aggravated robbery — burglary — using a document — escaping custody — R v Mako [2000] 2 NZLR 170 . The defendant appeared for sentencing on one charge of aggravated robbery, five of burglary, 27 of using a document, and one of escaping custody. He had pleaded guilty after a sentencing indication. In respect of the aggravated robbery, he had gone disguised to a store with two others, one of whom was armed with a shotgun. They took $1985 in cash, and attacked and tied-up the store attendant. The offending was planned, premeditated and had a major impact on the victim. The burglary and using a document charges arose from a series of incidents where the defendant and his partner had targeted hospitals and schools, going into the offices to steal credit cards from handbags and wallets and then using the credit cards to buy goods worth over $41,000. The sentencing indication had concluded that the start point for sentence would be five and a half years for the aggravated robbery. The Court additionally reached a starting point of four years for the burglary and using a document charges; using the totality principle, the total starting point was eight years' imprisonment. The Court added uplifts of nine months for the defendant's previous convictions, and three months for offending while on bail. Mitigating factors were the defendant's attempts at rehabilitation, time spent on bail and guilty pleas. The final sentence was five years four months. Judgment Date: 27 March 2018.