R v Watkins [2017] NZDC 27492

Published 11 October 2018

Aggravated burglary — male assaults female — assault with a weapon — home invasion — sentencing — R v Mako [2000] 2 NZLR 170 (CA). The defendant appeared for sentencing having entered guilty pleas early on in the process in respect of one charge of aggravated burglary and two assault charges: male assaults female and assault with a weapon. The facts of the offending were that the defendant and an associate entered a residential property and demanded money and drugs from the first victim who was seven months' pregnant. The defendant was armed with a hammer. The defendant swung the hammer at the second victim, who was able to avoid being struck by the hammer. The court took into account the fact that there were elements of a home invasion, the number of offenders involved and the presence of a hammer resulting in a starting point of four years and six months' imprisonment. Discounts were given to recognise the principle of totality, remorse and attempts to rehabilitation as well as the defendant's guilty plea. The defendant was sentenced to three years' and four months' imprisonment on the lead charge of aggravated burglary, with concurrent sentences of six months' on the remaining charges. Judgment Date: 4 December 2017.