IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2018-419-000028
[2018] NZHC 1888
BETWEEN DUNCAN MCLEOD CARTER HUGHES
Appellant
AND
THE QUEEN
Respondent
Hearing: 26 July 2018 Appearances:
S Cameron for the Appellant
S F Gilbert for the Respondent
Judgment:
27 July 2018
JUDGMENT OF GORDON J
This judgment was delivered by me on 27 July 2018 at 3.00 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
Solicitors: Crown Solicitor, Hamilton
S Cameron, Hamilton
HUGHES v R [2018] NZHC 1888 [27 July 2018]
Introduction
[1] The appellant, Duncan Hughes, pleaded guilty to one charge of aggravated robbery.1
[2] On 21 May 2018 in the District Court at Hamilton, Judge Menzies sentenced Mr Hughes to two years and eight months’ imprisonment.2
[3] Mr Hughes appeals his sentence on the basis that it was manifestly excessive. Specifically, he submits that Judge Menzies erred by setting a starting point that was too high. Mr Hughes does not take issue with the discounts given.
[4]The Crown opposes the appeal.
Factual background
[5] At about 6:40 pm on 14 August 2017, Mr Hughes and his two co-offenders drove to the Waihou Dairy. That dairy is owned by the two victims, a husband and wife, and their house adjoins the business.
[6] Mr Hughes and his two co-offenders exited their vehicle wearing items of clothing to conceal their faces. Mr Hughes and one of the other co-offenders were each armed with a sharp implement which appeared to be either a screwdriver or a knife. The other co-offender was armed with a hammer.
[7] Mr Hughes and his two co-offenders then entered the dairy brandishing the weapons. The first victim, the wife, was behind the counter at the time. She saw them enter the dairy and moved to a secure part at the rear of the store, locked the door and called the Police.
[8] The second victim, the husband, was in the body of the dairy stocking a fridge. Upon seeing the three armed offenders waving weapons, and fearful for his safety and that of his family, he told Mr Hughes and his two co-offenders that they could take
1 Crimes Act 1961, s 235(b).
2 R v Hughes [2018] NZDC 10076.
anything they wanted. He then locked himself in the bathroom located at the back of the dairy.
[9] Mr Hughes and his two co-offenders jumped the counter of the dairy and removed the till drawer from the cash register. This contained approximately $650. They also took cigarettes and tobacco products worth $2,000, and confectionery.
[10] One of Mr Hughes’ co-offenders approached a customer in the dairy, presented the knife he was carrying and told him to lie on the ground and empty his pockets.
The customer did so, giving away his cell phone.3
[11]Mr Hughes and his two co-offenders then drove away.
District Court decision
[12] Judge Menzies acknowledged that R v Mako4 is the guideline case for the offence…
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