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R v Maka & Tuipulotu (3 August 1994) HC, Auckland, S 98 & 96/94 Fisher J

Name: R v Maka & Tuipulotu
Unreported
File number: S 98 & 96/94
Date: 3 August 1994
Court: High Court
Location: Auckland
Judge: Fisher J
CYPFA:
Charge: Aggravated Robbery
Key Title: Sentencing in the adult Courts - Aggravated Robbery

Summary: Maka and Tuipulotu (both 15 at time of offence) planned and carried out an aggravated robbery on a service station; carried a knife and an iron bar; wore disguises; victims traumatised. Victims left FGC with impression that M and T not remorseful. If adults, a sentence of 5 to 7 years would be appropriate but defendants very young; guilty pleas. "It cannot be assumed that the mere youth of those who carry out aggravated robberies of this sort will be a ticket to freedom." Counsel argued for suspended prison sentence combined with a community-based sentence. Sentencing not solely about rehabilitation of offender but also about the need for public denunciation and deterrence. Cannot send message that you get one free aggravated robbery and on the next one you go inside.

Decision: Twelve months imprisonment followed by supervision for 18 months (18 months then reduced to 12 months following submissions concerning the maximum supervision available under s47(1)(a) of the Criminal Justice Act 1985).