R v Masina CA222/03

In the Court of Appeal of New Zealand, the case of R v Masina was heard. The appellant, Tupe Taco Masina, was convicted of two counts of aggravated robbery and one count of injuring with intent to injure, and was sentenced to six years imprisonment. Masina appealed against his sentence on the basis that it was manifestly excessive when compared with the sentences imposed on his co-offenders. The appeal was heard on the papers under the Crimes (Criminal Appeals) Amendment Act 2001. The court was required to decide if the sentence imposed was manifestly excessive when compared with the sentences imposed on his co-offenders. The court found that the Judge's adoption of a seven to eight year starting point was within his discretion. The court also found that the discount given to Masina was within the Judge's discretion. The court did not accept that Masina was entitled to a discount equal to that afforded to his co-offenders, as the two offenders' early guilty pleas and the lesser role played by one of the co-offenders were significant factors in their case, which could not apply in Masina's case. The court found that the present case fell far short of the threshold for intervention and accordingly dismissed the appeal.