Carr v R

This appeal concerns the sentences imposed on two appellants, Carr and Anderson, by Downs J in the High Court at Auckland. The appellants were convicted of multiple offences including aggravated robbery, robbery, unlawful using or taking a motor vehicle, dishonest use of a document, demanding with menaces, aggravated assault and theft. The Court of Appeal allowed the appeals, substituting new sentences. In respect of Carr, the sentence of 10 years’ imprisonment for the lead charge of aggravated robbery was increased to 10 years and six months’ imprisonment, and all sentences were to be served concurrently. In respect of Anderson, the sentence of five years and 10 months’ imprisonment for the lead charge of robbery was reduced to four years and 10 months’ imprisonment, and all sentences were to be served concurrently. The Court found that the Judge had erred in adopting a global starting point of 18 years’ imprisonment for Carr. The Court considered that a starting point of 14 years’ imprisonment was appropriate. The Court also found that the Judge had erred in failing to apply a discount to reflect the appellants’ upbringing and associated cultural and social deprivation. The Court found that the cultural reports provided under s 27 of the Sentencing Act 2002 justified a discount of 15 per cent for both appellants.