| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA497/2020 [2021] NZCA 106 |
| BETWEEN | JUNIOR MAU |
| AND | THE QUEEN |
| Hearing: | 30 November 2020 |
Court: | Goddard, Lang and Hinton JJ |
Counsel: | M J Taylor-Cyphers for the Appellant |
Judgment: | 1 April 2021 at 11.00 am |
JUDGMENT OF THE COURT
AThe application for leave to appeal out of time is granted.
BThe appeal is allowed.
CThe sentence of five years and four months’ imprisonment imposed in the District Court is quashed and a sentence of three years and eight months’ imprisonment is substituted.
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REASONS OF THE COURT
(Given by Hinton J)
On 4 June 2020 in the District Court at Whangarei, following Mr Mau’s guilty plea to a single charge of aggravated robbery,[1] Judge de Ridder sentenced him to five years and four months’ imprisonment.[2] Mr Mau seeks to appeal against sentence, saying it was manifestly excessive. In particular, he says the starting point adopted was too high for his level of involvement and the Judge did not allow adequate discounts to reflect his personal circumstances and cultural background.
Leave to appeal out of time
[1]Crimes Act 1961, s 235(c). Maximum penalty 14 years’ imprisonment.
[2]R v Mau [2020] NZDC 10197.
Mr Mau’s appeal was filed 45 working days out of time. His counsel, Ms Taylor-Cyphers, says this was because former counsel had incorrectly filed the appeal in the High Court. The delay having been explained, and absent prejudice to or opposition by the Crown, we grant leave to appeal out of time.
Offending
On 22 March 2018, Mr Mau’s half-brother and an associate[3] robbed the ANZ Bank in Whangarei. Mr Mau was the get-away driver.
[3]The agreed summary of facts records that both co-offenders were half-brothers of Mr Mau, and we note the co-offenders share a last name. For whatever reason, in the District Court and on this appeal, the relationship between Mr Mau and the third offender was not described in those terms. Not being certain as to their relationship, we refer to the third offender as an “associate”.
The summary of facts, on the basis of which Mr Mau pleaded guilty, records that he was called on the morning of the robbery and asked to participate as the driver of the car that would pick up the co-offenders, drive them to a location in the Avenues, wait, then drive them away following the robbery. It is common ground on appeal that Mr Mau was not involved in planning the robbery in the preceding days.
Mr Mau dropped his half-brother and associate at Cafler Park, near the ANZ. They were both heavily disguised. Mr Mau’s two-year-old daughter was in the car. He had taken the day off work to look after her as she was sick.
The two co-offenders entered the bank, one of them opening a set of glass doors by force. Mr Mau’s half-brother removed a sawn-off rifle from his trousers and…
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- Mau v R [2021] NZCA 106
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- [2021] NZCA 106
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