R v CAMERON [2018] NZHC 2046

R v CAMERON [2018] NZHC 2046

Apply Mako factors and comparable authorities to set a starting point of seven years for a two‑person, night time commercial robbery using disguises, a firearm (unproven loaded) and detention/tight bindings of five staff with substantial property theft; do not uplift for minor driving/drug/breach charges because of...

Source-derived case information.

Citation
[2018] NZHC 2046
Parties
Crown: The Queen; Defendant: Daniel Cameron
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 October 2018
Procedural Posture
Criminal (aggravated Robbery and Kidnapping) / Sentencing
Outcome
Defendant convicted and sentenced. Effective sentence five years and two months' imprisonment on aggravated robbery to be served without parole; kidnapping sentences concurrent; driving/drug/possession/breach convicted and discharged with driving disqualification; reparation and fines orders as below.
Legal Topics
Aggravated Robbery, Kidnapping, Second Strike, Parole, Youth Discount, Guilty Plea Credit, Totality, Reparation, Driving While Disqualified, Driving Under Influence, Possession of Cannabis, Breach of Prison Release Conditions
Criminal Law Sentencing Traffic Law Drugs Aggravated Robbery Kidnapping Second Strike Parole +8 more

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Parties

The Queen

Crown

Daniel Cameron

Defendant

Procedural Posture

Criminal (aggravated Robbery and Kidnapping) / Sentencing

Legal Issues

  1. 1 Appropriate starting point for aggravated robbery under R v Mako
  2. 2 Whether firearm was loaded and impact on culpability
  3. 3 Extent of uplift for associated offences and prior violent conviction given second‑strike consequences

Ratio Decidendi

Apply Mako factors and comparable authorities to set a starting point of seven years for a two‑person, night time commercial robbery using disguises, a firearm (unproven loaded) and detention/tight bindings of five staff with substantial property theft; do not uplift for minor driving/drug/breach charges because of totality and the second‑strike parole consequence; previous aggravated robbery acknowledged but no additional uplift imposed because of the disproportionate severity that would result from further loss of parole and risk of institutionalisation; grant combined mitigation of nine months for youth/rehabilitation prospects and one year one month (13 months) for early guilty plea,...

Court Disposition

Defendant convicted and sentenced. Effective sentence five years and two months' imprisonment on aggravated robbery to be served without parole; kidnapping sentences concurrent; driving/drug/possession/breach convicted and discharged with driving disqualification; reparation and fines orders as below.

Orders

  • Imprisonment of five years and two months on the aggravated robbery charge to be served without parole pursuant to s 86C(4) of the Sentencing Act 2000
  • On each of the five kidnapping charges one year imprisonment, all to be served concurrently with the lead sentence