IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-004-003875
[2019] NZHC 2335
THE QUEEN v
IVAN DOUGLAS CARR STEVEN GEORGE ANDERSON
Hearing: 17 September 2019 Counsel:
DME Wiseman for Crown
H Smith on instruction for RM Mansfield for Defendants
Judgment:
17 September 2019
SENTENCING REMARKS OF DOWNS J
Solicitors/Counsel:
Crown Solicitor, Auckland. RM Mansfield, Auckland. H Smith, Auckland.
R v CARR & ANDERSON [2019] NZHC 2335 [17 September 2019]
Preliminary matters
[1] Two preliminary matters first. Mr Mansfield is ill. But, as I have said to those here this morning, I have read his helpful submissions—plural—and all the material he has prepared for the two of you. For this reason, I shall continue to refer to Mr Mansfield’s submissions even though Mr Smith, his junior at trial, is here today and has addressed me orally. Second, I acknowledge the presence of family and whanau, and the Officer-in-Charge.
Introduction
[2] Now, sentencing itself. Mr Carr, you are for sentence on a host of serious charges: four of aggravated robbery; two of robbery; five for unlawful using or taking a car; two of dishonest use of a document; one of demanding with menaces; one aggravated assault; and two thefts. The most serious are the aggravated robbery charges. Each carries a maximum penalty of 14 years’ imprisonment. Aggravated robbery is your signature offence.
[3] You committed some of the offences with others, hence the presence of Mr Anderson. You, Mr Anderson, are for sentence on two charges of robbery; and one of aggravated assault. The maximum penalty for robbery is 10 years’ imprisonment.
[4] Another offender, Mr Hutchinson, will be sentenced in the next month or so. A disputed facts hearing is required in relation to him.
Facts
[5] I begin with events in relation to you Mr Carr. At approximately 12.30 am on 12 October 2017, you and another unidentified man stopped next to a parked BMW in Hillcrest. The victim was in the car talking to his mother on the telephone. He had parked just outside his home. You were both wearing masks. Either you or the other man confronted the victim with a hammer. A demand was made for the victim’s phone, wallet and keys. The victim asked if he could first remove his lecture notes. They were of great value to him—but none to you. His request was declined. Either you or
the other man dragged the victim out of his car. You and the other man then drove the BMW away. You took the victim’s wallet and phone. They were worth $2,400. He did not get these back.
[6] I move forward 18 days to 30 October 2017. Mr Carr, you and an unidentified offender went to a shopping centre in Glen Eden. At approximately 2.30 that afternoon, you robbed an Armourguard cash van at gunpoint. You were the gunman. The Armourguard employee ran away, and around a corner. You chased him. You told him to drop the…
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- R v Carr [2019] NZHC 2335
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- [2019] NZHC 2335
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