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R v Howard [2018] NZDC 4164

Published 25 February 2019

Sentencing — assault with intent to rob — unlawful possession of a firearm — R v Mako [2000] 2 NZLR 170 — three strikes warning. The defendant appeared for sentencing on one charge of assault with intent to rob, one charge of unlawful possession of a firearm, and other police matters, including disorderly behaviour, resisting a constable, failing to answer District Court bail and breach of prison release conditions. The defendant had been in a parked car, high on synthetic cannabis, prescription medicine and alcohol, when the complainant walked by. The defendant then got out of the vehicle with a sawn-off shotgun, cocked the weapon and pointed it at the victim with his finger on the trigger, demanding alcohol. The victim did not have any and he and his friends ran off and called the police. The Judge began with a starting point of three and a half years for the assault with intent to rob. The Judge then applied a six month uplift for the defendant's extensive criminal record, and discounts for the defendant's guilty pleas and his insight into his offending and the impact on the victim, bringing the sentence to three years' imprisonment. In regards to the unlawful possession of a firearm, the Judge fixed a term of 15 months' imprisonment, and one month imprisonment for the other matters, all to be served concurrently. The defendant also received a final three strikes warning for the assault with intent to rob.