R v Marsters
Case
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[2013] NZHC 1434
•14 June 2013
Details
AGLC
Case
Decision Date
R v Marsters [2013] NZHC 1434
[2013] NZHC 1434
14 June 2013
CaseChat Overview and Summary
The High Court of New Zealand, Auckland Registry, was tasked with sentencing Teariki Marsters for four offences of aggravated robbery and eight offences of car conversion. The maximum penalty for aggravated robbery is 14 years imprisonment, and for car conversion, it is 7 years imprisonment. The court had to determine the appropriate sentence for Marsters, considering the facts of the offences, his personal circumstances, and the statutory guidelines. The court determined a starting point of around 7 years for the lead offence, the Panmure Hotel robbery, and added 3 years for the other offences, resulting in a total sentence of 10 years imprisonment. The court decided not to impose a minimum period of imprisonment, acknowledging Marsters' family support and encouraging him to reflect on his future.
Marsters was found to be a principal offender in two of the four aggravated robberies and a party to the other two, with all but one of the car conversions being used for the robberies. The court took into account the aggravating factors of the offences, such as the degree of planning and premeditation, the targeting of commercial premises, the use of disguises and threatening weapons, and the significant sums of money stolen. The court also considered Marsters' personal circumstances, including his age, criminal history, and lack of lawful employment. Despite his extensive criminal history and lack of remorse, the court decided not to increase the sentence for his previous offences, taking into account the totality of the sentence and the significant sentence already imposed.
Marsters was found to be a principal offender in two of the four aggravated robberies and a party to the other two, with all but one of the car conversions being used for the robberies. The court took into account the aggravating factors of the offences, such as the degree of planning and premeditation, the targeting of commercial premises, the use of disguises and threatening weapons, and the significant sums of money stolen. The court also considered Marsters' personal circumstances, including his age, criminal history, and lack of lawful employment. Despite his extensive criminal history and lack of remorse, the court decided not to increase the sentence for his previous offences, taking into account the totality of the sentence and the significant sentence already imposed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Aggravated Robbery
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Car Conversion
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Jurisdiction
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Appeal
Actions
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Citations
R v Marsters [2013] NZHC 1434
Most Recent Citation
R v White [2019] NZHC 3101
Cases Citing This Decision
10
Anderson v R
[2019] NZCA 294
R v White
[2019] NZHC 3101
R v Cameron
[2018] NZHC 2046