R v Hewitt
Case
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[2017] NZHC 1220
•6 June 2017
Details
AGLC
Case
Decision Date
R v Hewitt [2017] NZHC 1220
[2017] NZHC 1220
6 June 2017
CaseChat Overview and Summary
In the High Court of New Zealand, Bronson Hewitt was sentenced on six charges stemming from two separate incidents of violence and theft that occurred on 4 August 2015. Hewitt was found guilty of kidnapping, aggravated robbery, male assaults female, unlawfully taking a motor vehicle, assault with intent to rob, and demanding with menaces. The court had to decide the appropriate sentence for Hewitt, taking into account the totality of his offending and his extensive criminal history. The Crown argued for a sentence of nine to nine-and-a-half years' imprisonment, with a minimum period of imprisonment of 50 per cent, while defence counsel argued for a sentence in the range of seven to eight years' imprisonment.
The court decided that a concurrent approach to sentencing was appropriate, with the most serious offence, aggravated robbery, receiving the penalty that was appropriate for the totality of the offending. The court identified a starting point of five years and nine months' imprisonment for the offending against the first victim, and an uplift of two years and three months' imprisonment for the offending against the second victim, resulting in an overall starting point of eight years' imprisonment. The court decided not to impose a minimum period of imprisonment, as it considered the sentence sufficient to hold Hewitt accountable for his actions and deter others from similar criminality. Hewitt was sentenced to eight years and six months' imprisonment for aggravated robbery, and concurrent sentences for the remaining convictions, to be served concurrently. The court also made an order for the destruction of the weapons and drug paraphernalia used in the offending.
The court decided that a concurrent approach to sentencing was appropriate, with the most serious offence, aggravated robbery, receiving the penalty that was appropriate for the totality of the offending. The court identified a starting point of five years and nine months' imprisonment for the offending against the first victim, and an uplift of two years and three months' imprisonment for the offending against the second victim, resulting in an overall starting point of eight years' imprisonment. The court decided not to impose a minimum period of imprisonment, as it considered the sentence sufficient to hold Hewitt accountable for his actions and deter others from similar criminality. Hewitt was sentenced to eight years and six months' imprisonment for aggravated robbery, and concurrent sentences for the remaining convictions, to be served concurrently. The court also made an order for the destruction of the weapons and drug paraphernalia used in the offending.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Aggravated Robbery
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Kidnapping
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Assault
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Unlawful Detention
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Demanding with Menaces
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Sentencing
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Minimum Period of Imprisonment
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Totality Principle
Actions
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Citations
R v Hewitt [2017] NZHC 1220
Most Recent Citation
R v Te Pou [2022] NZHC 3320
Cases Citing This Decision
12
Hoko v R
[2017] NZCA 484
R v Te Pou
[2022] NZHC 3320
Mahanga v The Queen
[2018] NZHC 3441
Cases Cited
3
Statutory Material Cited
0
Heke v R
[2016] NZCA 38
Boyle v R
[2017] NZCA 173
Dobbs v Police
[2012] NZHC 3136