R v CARR & ANDERSON [2019] NZHC 2335

R v CARR & ANDERSON [2019] NZHC 2335

The Judge fixed individual starting points for each principal offending set based on planning, use of weapons and vulnerability of victims, then applied the totality principle to arrive at a global starting point and final sentences: Carr received a global starting point adjusted to a final sentence of 16 years imprisonment with a minimum period of 50% (8 years); Anderson received a global starting point adjusted to a final sentence of 5 years 10 months (after uplift for prior record and guilty plea discount). Cultural background did not justify discount given the seriousness and premeditation; reparation was declined for Carr due to inability to pay.

Citation
[2019] NZHC 2335
Parties
Prosecution: The Queen; Defendant: Ivan Douglas Carr; Defendant: Steven George Anderson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 September 2019
Procedural Posture
Criminal (aggravated Robbery and Related Offences) / Sentencing (high Court, 17 September 2019)
Outcome
Sentences imposed following sentencing remarks of Downs J (17 September 2019): Ivan Douglas Carr sentenced to 16 years imprisonment with a minimum period of 8 years; Steven George Anderson sentenced to 5 years 10 months imprisonment (other concurrent terms ordered as detailed).
Legal Topics
Aggravated Robbery, Robbery, Sentencing Principles, Totality Principle, Minimum Period of Imprisonment, Guilty Plea Discount, Aggravating and Mitigating Factors, Reparation
Criminal Law Sentencing Aggravated Robbery Robbery Sentencing Principles Totality Principle Minimum Period of Imprisonment Guilty Plea Discount +2 more

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Parties

The Queen

Prosecution

Ivan Douglas Carr

Defendant

Steven George Anderson

Defendant

Procedural Posture

Criminal (aggravated Robbery and Related Offences) / Sentencing (high Court, 17 September 2019)

Legal Issues

  1. 1 Appropriate starting points for multiple aggravated robberies and related offences
  2. 2 Application of the totality principle to multiple serious offences
  3. 3 Whether uplift for prior offending is required

Ratio Decidendi

The Judge fixed individual starting points for each principal offending set based on planning, use of weapons and vulnerability of victims, then applied the totality principle to arrive at a global starting point and final sentences: Carr received a global starting point adjusted to a final sentence of 16 years imprisonment with a minimum period of 50% (8 years); Anderson received a global starting point adjusted to a final sentence of 5 years 10 months (after uplift for prior record and guilty plea discount). Cultural background did not justify discount given the seriousness and premeditation; reparation was declined for Carr due to inability to pay.

Court Disposition

Sentences imposed following sentencing remarks of Downs J (17 September 2019): Ivan Douglas Carr sentenced to 16 years imprisonment with a minimum period of 8 years; Steven George Anderson sentenced to 5 years 10 months imprisonment (other concurrent terms ordered as detailed).

Orders

  • Ivan Douglas Carr sentenced to 16 years imprisonment with minimum period 8 years
  • Steven George Anderson sentenced to 5 years 10 months imprisonment; concurrent 18 month terms for other charges as specified