R v Ward [2019] NZDC 21931

Published 05 August 2020

Sentencing — aggravated robbery — unlawfully taking a motor vehicle — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentencing on three charges of aggravated robbery and one of unlawfully taking a motor vehicle. The offending spanned three different episodes. In the first, the defendant entered a dairy with two others, produced a large knife and demanded money. He took $350 in cash and more than $2000 worth of cigarettes. In the second, he and an associate forced their way into a house, threatened the occupant and stole her car keys, car, wallet and various personal items. Finally, he and another person had threatened a taxi driver with knives and stolen various items and damaged the taxi. All three episodes involved group offending, use of weapons, and theft of property. The second episode also involved an element of home invasion. With reference to the bands of offending set out in the Mako decision, the Court reached a total start point for sentence of 14 years' imprisonment, and adjusted this to seven and a half years' to recognise the totality principle. The Court applied further discounts for youth, limited history of offending, time spent on bail, good prospects for rehabilitation and guilty plea. The final sentence was three years two months. Judgment Date: 1 November 2019.