R v Reardon [2018] NZDC 20868

Published 19 July 2019

Sentencing — unlawful taking — aggravated robbery — possession of a rifle — reckless driving — driving while disqualified — aggravated failing to stop. The defendant appeared for sentence on charges of unlawful taking, aggravated robbery, possession of a rifle, reckless driving, driving whilst disqualified, and aggravated failing to stop. On the day in question a car was stolen, and used by the defendant and two others in a store robbery in which they took cigarettes, tobacco and cash. The defendant then drove in a dangerous manner in an effort to escape the police, and when the defendant and the others were apprehended the police found a .22 rifle in the back of the car. The aggravating features were premeditation, planning, use of a weapon (crowbar) and disguises in the robbery, high victim impact, danger to the public and presence of a firearm. The start point was five years for the robbery, with uplifts for the defendant's unlawful taking and dangerous driving while disqualified increasing the overall start point to six years. The defendant got a 25 per cent discount for guilty plea, and the final sentence was four years six months. The Court also gave the defendant his second strike warning. Judgment Date: 28 September 2018.