New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Attempted aggravated robbery

Legal area

Court

27 Jan 2022

ALLEN v R [2022] NZHC 48

Citation

[2022] NZHC 48
Court

High Court

Given premeditation, multiple weapons including a loaded shotgun, the struggle over the firearm and its discharge, a three and a half year starting point for the attempted aggravated robbery was within range; the judge's discretionary reductions for guilty plea and personal factors were not outside reasonable bounds and the end sentence of 26 months was therefore not manifestly excessive; practical parole consequences do not justify reducing the sentence.
24 Nov 2020

WILLIAMS v R [2020] NZHC 3104

Citation

[2020] NZHC 3104
Court

High Court

The High Court held the District Court's starting point of 7.5 years was too high given limited premeditation; a starting point of six years for the aggravated robbery with a six month uplift for the attempted aggravated robbery (total 6.5 years) was appropriate; allowed discounts of 15% (guilty pleas), 10% (youth) and 10% (cultural factors) yielding a total discount of 35%; substituted end sentence is four years and two months' imprisonment and original five year sentence set aside.