R v McDonald [2019] NZDC 12664

Published 13 September 2021

Sentencing — aggravated robbery — assault on elderly woman — assault and robbery of drug dealer — theft of lotto tickets — home invasion — R v Mako [2000] 2 NZLR 170 — Sentencing Act 2002. The defendant appeared for sentence on a charge of aggravated robbery. Late one night the defendant had gone to the home of his drug dealer, who was a woman in her late 60s, and assaulted and robbed her. Given the victim's age, slight build and reluctance to call the police, the Court commented that she was a particularly vulnerable victim. Other aggravating features of the offending were use of actual violence, entering a dwelling place, harm to the victim (she required hospital treatment and suffered permanent damage to one eye) and premeditation. The Court set a start point for sentence of six years' imprisonment. Mitigating factors were time spent on bail (two years) and background matters mentioned in a pre-sentence report, and the Court reduced the sentence by two years, resulting in a final sentence of four years' imprisonment. Judgment Date: 1 July 2019.