| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA732/2014 [2016] NZCA 213 |
| BETWEEN | BOWEN CONRAD MARTIN |
| AND | THE QUEEN |
| CA43/2015 | |
| BETWEEN | TRENT WELLINGTON |
| AND | THE QUEEN |
| CA137/2015 | |
| BETWEEN | TOKA INAMATA |
| AND | THE QUEEN |
| Court: | Randerson, Asher and Clifford JJ |
Counsel: | M M Mason for Appellant Martin |
Judgment: (On the papers) | 19 May 2016 at 2:30 pm |
JUDGMENT OF THE COURT
(SENTENCE APPEALS)
AThe appellant Mr Inamata is granted an extension of time to appeal against sentence.
BThe appeals against sentence are all dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Randerson J)
Introduction
These sentence appeals arise from an armed robbery of the Whitehouse Tavern in Papakura on 25 May 2013 involving six offenders. In previous judgments we have dismissed appeals against conviction by all three appellants.[1]
It remains to deal with their sentence appeals. Counsel have agreed these should be dealt with on the papers. The sentence appeal by the appellant Mr Inamata is out of time but we grant him an extension of time to appeal.
Background facts
We have set out the facts relating to this offending in previous judgments and it is unnecessary to repeat them in detail. What follows is a brief summary of the essential facts. The robbery was planned on the evening it occurred. Three members of the six in the group stole two motor vehicles which were used to travel to the tavern. The group were armed with a range of weapons including a loaded sawn-off shotgun. They were disguised with masks, balaclavas and other items of clothing. Plastic cable ties were taken to restrain any people who might be found at the tavern.
After waiting for the tavern to clear, the offenders burst inside, brandishing weapons. Three staff members were still present as were a small number of customers. A staff member managed to flee and call the police. Customers were ordered onto the floor and restrained with the cable ties. A staff member was unable to unlock the safe in the premises and was punched, kicked and his life threatened. Ultimately, his injuries required hospitalisation. Another staff member was threatened with a shotgun and money was taken from cash registers. A police chase ensued and four of the offenders were apprehended in circumstances described in our previous judgments. A fifth was later located and arrested while a sixth has never been charged.
The sentences imposed
Two of the offenders, Mr Tuku-Inamata and a man we will describe as XX, pleaded guilty and were sentenced by Ellis J on one charge of aggravated robbery.[2] Ellis J adopted a starting point of eight years in each case.
The other three appellants, Mr Martin, Mr Wellington and Mr Inamata, pleaded…
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- AGLC
- Martin v The Queen [2016] NZCA 213
- Case
- [2016] NZCA 213
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the starting points and discounts applied by the sentencing judge were appropriate. The appellants argued that the starting points and discounts were incorrect, and they should have been lower. The court found that the starting points were within range and the discounts applied were within the sentencing judge's discretion.
The court found that the starting points adopted by the sentencing judge were appropriate, taking into account the aggravating factors of the crime and the individual culpability of the appellants. The court also found that the discounts applied for youth and time spent on restrictive bail were within the sentencing judge's discretion and did not warrant interference. The sentences imposed on all three appellants were considered appropriate, and the appeals against sentence were dismissed.
In conclusion, the Court of Appeal of New Zealand dismissed the appeals against sentence for the three appellants involved in the armed robbery of the Whitehouse Tavern in Papakura. The court found the starting points and discounts applied by the sentencing judge to be appropriate and within range, and the sentences imposed were considered suitable for the gravity of the offences committed.
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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