Published 03 September 2018
Aggravated robbery — unlawfully take motor vehicle — escaping custody — dangerous driving — sentencing — R v Mako [2000] 2 NZLR 170. The defendant was sentenced on five charges including the aggravated robbery of a general store, as well as unlawfully taking a motor vehicle, dangerous driving and escaping from lawful custody. In respect of the aggravated robbery, the defendant and another entered the store and began taking money from the cash register. When confronted by an employee, the defendant chased the employee and punched him to the back. In relation to the charge of escaping from custody, the defendant had been seated in the front seat of a police car; when the Constable left the vehicle, the defendant locked the doors and drove the vehicle away. In his attempt to escape, the defendant drove at speed, occasionally on the wrong side of the road, through give way signs before eventually crashing in a ditch. The court noted that the defendant had a number of previous convictions and that the offending was escalating. Aggravating factors on the aggravated burglary charge were the use of actual violence, extent of harm, vulnerability of the lone shop keeper, and the fact that there were multiple offenders involved. The defendant was given credit for his youth and guilty pleas. The defendant was sentenced to four years and six months' imprisonment. Judgment Date: 23 January 2018.
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