R v Roche [2017] NZDC 13133

Published 14 November 2017

Sentencing — aggravated robbery — aggravated assault — wilful damage — unlawfully being in a yard — possession of an offensive weapon — resisting — refusing a blood specimen — R v Mako [2000] 2 NZLR 170 (CA) — Rawhiti v Police [2014] NZHC 1540 — R v Falanai [2013] NZHC 3239 — R v Fidow [2013] NZCA 209 — Te Hau v R [2013] NZCA 431 — Aitkenhead v R [2017] NZHC 1104. The defendants entered an enclosed yard, the first defendant was armed with a broom. A victim heard the defendants and following a verbal exchange, confronted them. The victim was armed with a golf club. The victim was pinned by the defendants who removed his golf club and assaulted him. The victim was able to escape and retreat inside him home where the defendants attacked the front door causing damage. On a second occasion the defendants confronted a victim and asked him for a ride home, when they were refused the victim was punched twice in the face and his keys and car were stolen. The first defendant resisted arrest and refused to undergo an evidential breath test. The court took into account the impact of the offending on the victims, the fact that there was more than one person involved in the aggravated robbery, and the extent of the violence. The first defendant was sentenced to three years and four months' imprisonment; the second defendant was sentenced to a term of imprisonment of three years and three months. The first defendant was disqualified for 18 months and both defendant's were ordered to pay reparation. Judgment Date: 14 June 2017.