R v Gray [2019] NZDC 13050

Published 13 September 2021

Sentencing — burglary — receiving — unlawful possession of a firearm — possession of instruments for burglary — serial thefts from building sites. The defendant appeared for sentence on three charges of burglary and 49 of receiving, as well as for some minor matters including unlawful possession of a firearm and possession of instruments for burglary. A police search of his address had revealed $145,873 worth of tools and building material that had been stolen from multiple Hawkes Bay building sites. The defendant was also known to have directly participated in three burglaries. The defendant initially denied the offending, claiming to have come to own the items of property by legitimate means, but eventually pleaded guilty about a month before trial was due to begin. The Court set a start point of five and a half years on the receiving charges, uplifted by 12 months for the burglary charges. The Court then applied discounts for the totality principle, time spent on bail, letters of support from community members, and guilty plea. The final sentence was three years five months' imprisonment. Judgment Date: 5 July 2019.