R v Lawson
[2017] NZHC 1843
•4 August 2017
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI 2016-096-2451 [2017] NZHC 1843
THE QUEEN
v
MANA LAWSON
Hearing: 4 August 2017 Counsel:
A W M Britton for Crown
E A Hall for DefendantSentence:
4 August 2017
SENTENCE OF SIMON FRANCE J
Mr Lawson,
[1] On 30 June 2016 you robbed a bank in Petone. You entered the bank wearing a disguise and carrying a knife. You threatened tellers and ultimately left with around $2,500. The car you used for transport had been taken by you three days earlier. Two weeks later you were seen driving a different stolen car. At all times you were a disqualified driver.
[2] As a result of all this you were charged with:
(a) aggravated robbery (maximum 14 years’ imprisonment);
(b) unlawfully taking a motor vehicle (maximum penalty seven years’
imprisonment); and
R v LAWSON [2017] NZHC 1843 [4 August 2017]
(c) driving while disqualified (maximum penalty three months’
imprisonment).1
[3] I have received victim impact statements from victims of your offending. The fear a bank robbery causes can seriously affect a person’s quality of life and it is apparent that has happened here.
[4] You are 24 years of age with a significant criminal history. Most relevant to today’s events is that you have ten previous convictions for unlawfully taking cars. You were subject to prison release conditions at the time of your offending. You explain the present offending as a response to pressure to provide money for others.
[5] I have seen a variety of references supportive of you, including a Corrections officer who notes the positive efforts you have made since being jailed. These include confirmation you have attended a short alcohol and drug course. There is also a report from an ACC counsellor. I do not go into the detail of that but record that I have read it and accept it reinforces that you have a growing commitment to changing your life.
[6] Finally, there are two letters written by you. In them you apologise for what you did. I accept you seem to understand that it is easy to say these things, and that you need to actually change. I accept you intend to do your best to change for your family and yourself, which would be good for everyone. I accept you are remorseful, made a genuine offer of reparation (now not possible) and offered to participate in a restorative justice process.
[7] A few weeks ago I told you the most the sentence would be today was five
years and two months’ imprisonment.2 For the record I note the structure was: (a) five and a half years’ for the robbery;
(b) a 12 month uplift for the taking of the vehicle;
1 The latter two charges are both laid as a representative charge, each covering the two incidents described earlier.
2 R v Lawson HC Wellington CRI 2016-096-2451, 23 June 2017. Sentencing indication attached.
(c) no other uplifts;
(d) 20 per cent discount for the plea.
[8] I said at the time that I would consider a further discount depending on what other information I received. I indicated six further months would be the most you would get.
[9] The reports are positive; you are only 24 years of age and I think it would be a good thing for everyone at this stage if I encourage you to continue with what I take to be a genuine intention to turn your life around. There are reasons why I could make the further reduction smaller3 but I think a discount of another six months’ is the correct decision on behalf of society. The sentence is still four years and eight months, which is significant for a young man of your age.
Please stand
[10] On the charge of aggravated robbery I sentence you to four years and eight months’ imprisonment.
[11] On the charge of unlawfully taking a motor vehicle two years’ imprisonment;
[12] On the charge of driving while disqualified you are convicted and discharged. [13] The sentences are concurrent. That means the final sentence is four years and
eight months’ imprisonment.
Simon France J
3 For example, the fact offending occurred while on release conditions.
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