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R v Paahi [2018] NZDC 4186

Published 15 February 2019

Sentencing — aggravated robbery of convenience store — theft from cars. The defendant appeared for sentencing having pleaded guilty to aggravated robbery, two charges of theft ex car, two charges of unlawfully interfering with motor vehicles and one charge of being unlawfully in an enclosed yard. The defendant, along with four others, went to a local convenience store in a stolen car, in disguise, with two carrying weapons; a firearm and a baseball bat. The five entered the shop and had the young shop attendant open the till and get on the floor. Then one of the co-defendants kicked him twice in the face, and another co-defendant pointed the firearm towards the other adult shop attendant. The group stole 175 packets of cigarettes, cash and chocolate, worth more than $7000 (although the cost to the owner was approximately $18,000 in lost goods, security and damage). The offending had a significant impact on the victims. The Judge deemed the starting point for the aggravated robbery to be six years' imprisonment, due to the number of offenders involved, the use of weapons, the violence inflicted on one of the shop attendants, the amount taken, the disguises, and the preparation. The Judge then applied an uplift of 6 months for the defendant's other offences and previous convictions. The Judge then weighed the mitigating factors, providing discounts for the defendant's youth, remorse, early guilty pleas, that the defendant was not the one to inflict actual violence, and his academic record and potential. The Judge sentenced the defendant to four years' imprisonment on the charge of aggravated robbery, with two months' imprisonment served concurrently for the car thefts. On the unlawfully in an enclosed yard charge, the defendant was convicted and discharged. Judgment Date: 6 March 2018.