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R v Leahy [2023] NZDC 10064

Published 19 February 2024

Sentencing — aggravated robbery — unlawful possession of a firearm — unlawful possession of ammunition — dangerous driving — Sentencing Act 2002, s 27. The defendant appeared for sentence on charges of aggravated robbery, unlawful possession of a firearm, unlawful possession of ammunition, and dangerous driving. He and another person stole a taxi at gunpoint. The driver escaped and an hour later the defendant was apprehended while driving the taxi. He deliberately collided with a police car in an attempt to escape, and later explained that he had stolen the taxi because he wanted to "go south" to "kneecap" some associates. There was a s 27 report on the defendant, but the Court observed that all of the information in the report was simply the defendant's say-so and was unsupported by independent evidence. This was significant because the defendant had previously lied about having terminal cancer to get a discounted sentence. On the offending itself, the Court observed that it was aggravated by the use of a weapon, offending while subject to release conditions, harm caused, and premeditation. The start point was six years' imprisonment, uplifted for prior convictions and offending while on sentence, and then discounted for guilty plea. The Court then gave an extra discount for background factors, in spite of the lack of supporting evidence and the defendant's history of lying to report writers. The total sentence was four years 10 months' imprisonment. Judgment Date: 17 May 2023.