Anderson v R

Case [2019] NZCA 294


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA754/2018
 [2019] NZCA 294

BETWEEN

KAIPARA ANDERSON
Appellant

AND

THE QUEEN
Respondent

Hearing:

10 June 2019

Court:

Brown, Whata and Moore JJ

Counsel:

N S Leader for Appellant
M Harborow and R S Ching for Respondent

Judgment:

9 July 2019 at 12.30 pm

JUDGMENT OF THE COURT

A        The appeal is allowed.

BThe sentence of five years and 10 months’ imprisonment is quashed.

CA sentence of four years and seven months’ imprisonment is substituted.

____________________________________________________________________

REASONS OF THE COURT

(Given by Moore J)

Introduction

  1. Kaipara Anderson pleaded guilty to charges arising out of his involvement in the robbery of The Warehouse at Dargaville.  On 26 January 2018 he was sentenced by Judge de Ridder in the District Court at Whangārei to five years and 10 months’ imprisonment.[1] 

    [1]R v Anderson [2018] NZDC 1305.

  2. Nine months later his co-defendant, Mr Cameron, was sentenced in the High Court at Whangārei to five years and two months’ imprisonment.[2] 

  3. Mr Anderson appeals his sentence on the basis that the starting point imposed was too high given the principle of parity. 

Factual background

  1. Late in the evening of 28 May 2017 Mr Cameron and Mr Anderson covered their faces with homemade balaclavas.  They put on black clothing and shoes and wore latex gloves.  Mr Cameron armed himself with a cut down .22 calibre rifle.  It is not known whether that firearm was loaded. 

  2. The men drove to The Warehouse in Dargaville.  There they broke into the rear perimeter area and entered the building through an insecure door.  Inside the store were five staff; a man and four women.  Undetected, Mr Cameron and Mr Anderson were able to watch the staff’s movements via the CCTV security system in the manager’s office.  Mr Anderson armed himself with items he found in the office; a screwdriver and a pair of scissors.

  3. At 11:00 pm, via the store’s public address system, the supervisor announced it was time for “smoko”.  Shortly afterwards two of the victims entered the administration area where Mr Cameron and Mr Anderson were hiding.  They were immediately confronted by the intruders.  They were threatened that if they did anything stupid or did not comply with instructions they would be shot.  Then, at gunpoint, they were directed into the toilet area.  Their hands were bound with electrical cord.  Then they were tied to each other.

  4. Shortly after this the three other workers entered the administration area.  They too were confronted by the men.  At gunpoint they were escorted to the toilets.  At Mr Cameron’s direction the supervisor identified herself.  The other two victims were then bound with electrical cord in a similar fashion to the first two victims.  Mr Anderson, armed with the screwdriver and scissors, stood guard over the four bound victims while Mr Cameron, armed with the gun, directed the supervisor to take him to the “money”.  She led him to the…

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Anderson v R [2019] NZCA 294
Case
[2019] NZCA 294
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CaseChat Overview and Summary

Kaipara Anderson was convicted of aggravated robbery and kidnapping offences and appealed his sentence. The appeal court found that the starting point for his sentence was set too high given the principle of parity with his co-defendant, Mr Cameron, who was sentenced to five years and two months' imprisonment. The appeal court found that there was a gross and irreconcilable discrepancy between the starting points, as Mr Cameron's involvement in the robbery was more serious than Mr Anderson's. The appeal court substituted a sentence of four years and seven months' imprisonment for Mr Anderson.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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