IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2023-443-17
[2023] NZHC 2027
BETWEEN JEREMIAH MATTHEW JOHN THOMAS
Appellant
AND
THE KING
Respondent
Hearing: 1 August 2023 Counsel:
N Bourke for the Appellant
R L Hicklin for the Respondent
Judgment:
1 August 2023
JUDGMENT OF GWYN J
Introduction
[1] Jeremiah Thomas appeals his sentence1 of two years and nine months’ imprisonment in respect of one charge of aggravated robbery2 to which he pleaded guilty.
Background
The offending
[2] On 4 February 2023 at approximately 8.45 pm the appellant drove a car with the registration plate FEH377, pulling up outside the Highlands Dairy at 271 Coronation Avenue, New Plymouth. Two people including the appellant, who
1 R v Thomas [2023] NZDC 12028.
2 Crimes Act 1961, s 235(c). The maximum sentence is 14 years’ imprisonment.
THOMAS v R [2023] NZHC 2027 [1 August 2023]
was 18 at the time, stepped out of the vehicle wearing full disguise and each holding a hammer.
[3] One offender ran behind the counter and the other jumped over the counter. As the shopkeeper attempted to lock herself in a secure room at the back of the dairy, one of the offenders pushed the door, attempting to gain entry, but the shopkeeper locked it before the offender gained entry.
[4] The offenders took a large quantity of cigarettes and over $1,000 of cash from the dairy before returning to the waiting vehicle.
Criminal history
[5] Mr Thomas has 16 previous convictions, 11 in the Youth Court and five in the District Court. At the District Court level, they include burglary by day, burglary by night, attempted unlawful taking, and unlawfully in building.
Procedural history
[6] On 14 June 2023 the New Plymouth District Court sentenced Mr Thomas to two years and nine months’ imprisonment.
[7] The Court canvassed Mr Thomas’ history of offending, poor compliance with intensive supervision, absconding on electronically monitored (EM) bail, and personal circumstances. The Judge said Mr Thomas presents “a really difficult scenario for the courts”.3
[8] The Judge found the offending is most similar to an example given by the Court in R v Mako:4
A further example can be given taking another combination of features typical of many aggravated robberies. This envisages a robbery of a small retail shop by demanding money from the till under threat of the use of a weapon such as a knife after ensuring no customers are present, with or without assistance from a lookout or an accomplice waiting to facilitate getaway. The shopkeeper is confronted by one person with the face covered. There is no actual violence.
3 R v Thomas, above n 1, at [19].
4 R v Mako [2000] 2 NZLR 170, (2000) 17 CRNZ 272 (CA) at [56].
A small sum of money is taken. The starting point should be around four years. Should the shopkeeper be confined or assaulted, or confronted by multiple offenders, or if more money…
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- Thomas v The King [2023] NZHC 2027
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- [2023] NZHC 2027
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