R v Marques 2018 NZDC 3995

Published 15 March 2019

Sentencing — aggravated wounding — using document to gain pecuniary advantage — Sentencing Act 2002, ss 8(a), 8(b) — Crimes Act 1961, s 191(1)(a) — R v Taueki [2005] 3 NZLR 372, (2005) 21 CRNZ 769. The defendant appeared for sentence on five charges of aggravated wounding and five charges of using a document to gain a pecuniary advantage. He was a tourist from Brazil who had met his victims on a dating app called Grindr. He would then obtain their bank details and PIN numbers and stupefy them by spiking their drinks, withdrawing money from their bank accounts while they were unconscious. The court found that the offending was serious and grave. It was highly premeditated and involved a significant breach of trust. Also the drink-spiking could have been fatal to the victims. The court adopted a starting point for sentence of five years eight months' imprisonment, reducing it to three years eight months to recognise his remorse and guilty plea. The court reduced the sentence by a further two months to recognise the difficulties he would face in serving a prison sentence in a foreign country, and also imposed reparations of $1300. Judgment Date: 28 February 2018.