R v EDDINGTON [2016] NZHC 434

R v EDDINGTON [2016] NZHC 434

Court adopted Mako guidance setting aggravated robbery starting point at around six years per robbery, uplifted one year for two serious public armed robberies to seven years, applied a further uplift of four years for discharge of a firearm at police and one year for related offending and prior parole breach to reach a 12.5 year baseline, gave five percent credit for remorse and a 25% full guilty plea discount to arrive at an overall finite sentence of nine years' imprisonment with a minimum period of five years; preventive detention declined because reports showed remediation potential and a lengthy finite term plus supervisory options regarded adequate to protect the community.

Citation
[2016] NZHC 434
Parties
Crown: The Queen; Prisoner: James William Eddington
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 March 2016
Procedural Posture
Criminal Sentencing / Sentence Hearing (high Court)
Outcome
Finite sentence imposed; preventive detention declined
Legal Topics
Aggravated Robbery, Using a Firearm Against Police, Assault and Assault With a Weapon, Unlawful Possession of Firearm, Drink Driving, Preventive Detention, Minimum Period of Imprisonment, Guilty Plea Discount, Totality and Parity
Criminal Law Sentencing Law Firearms Law Parole and Preventive Detention Aggravated Robbery Using a Firearm Against Police Assault and Assault With a Weapon Unlawful Possession of Firearm +5 more

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Parties

The Queen

Crown

James William Eddington

Prisoner

Procedural Posture

Criminal Sentencing / Sentence Hearing (high Court)

Legal Issues

  1. 1 What starting point to adopt for two aggravated robberies and related offending
  2. 2 Whether uplift is required for discharge of a firearm at police and other offences
  3. 3 Whether preventive detention is required under s87 Sentencing Act 2002

Ratio Decidendi

Court adopted Mako guidance setting aggravated robbery starting point at around six years per robbery, uplifted one year for two serious public armed robberies to seven years, applied a further uplift of four years for discharge of a firearm at police and one year for related offending and prior parole breach to reach a 12.5 year baseline, gave five percent credit for remorse and a 25% full guilty plea discount to arrive at an overall finite sentence of nine years' imprisonment with a minimum period of five years; preventive detention declined because reports showed remediation potential and a lengthy finite term plus supervisory options regarded adequate to protect the community.

Court Disposition

Finite sentence imposed; preventive detention declined

Orders

  • Two charges of aggravated robbery: concurrent terms of 9 years' imprisonment each with minimum period of imprisonment 5 years
  • Discharging a firearm at police: 6 years' imprisonment, served concurrently