R v Nathan

The High Court of New Zealand heard the sentencing case of Thomas Nathan, who pleaded guilty to aggravated robbery of The Warehouse in Dargaville on 28 May 2017. Nathan, a 39-year-old of Māori descent, was the driver for his co-offenders, Daniel Cameron and Kaipara Anderson, who committed the robbery while wearing gloves, balaclavas, and black clothing. Nathan waited in the car while his co-offenders entered the store, confronted five workers, tied them up, and stole cash and jewellery. Nathan was unaware of the weapons his co-offenders carried until after the offence. The victims suffered no physical injuries, but one experienced sleep deprivation, anxiety, and a sense of being a target. The legal issues in this case involved determining the appropriate sentence for Nathan, taking into account his level of culpability, the effect of the offence on the victims, and Nathan's personal and whānau background.

The court considered the purposes of sentencing, such as holding Nathan accountable for the harm done, promoting a sense of responsibility and acknowledgement of the harm, providing for the interests of the victim, denouncing Nathan's actions, deterring future similar actions, protecting the community from him, and assisting in his rehabilitation and reintegration. The court set a starting point of five years' imprisonment for Nathan's culpability, which was less than that of his co-offenders, as he was not as fully involved in planning and premeditation. The court also took into account Nathan's personal background, his remorse, and his offer to participate in restorative justice and pay reparations. After considering various adjustments, the court decided on a final sentence of three years and eight months' imprisonment, along with an order for Nathan to pay $200 in reparations upon his release. The court also remitted Nathan's outstanding fines and warned him of the serious consequences of a future strike offence.