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Lee v Police (9 September 1997) High Court, Auckland, AP 180/97, Salmon J

Name: Lee v Police
Unreported
File number: AP 180/97
Date: 9 September 1997
Court: High Court
Location: Auckland
Judge: Salmon J
CYPFA: s351
Charge: Aggravated Robbery
Key Title: Sentencing in the adult Courts - other; Sentencing in the adult Courts - Aggravated Robbery

Summary: Appeal against sentence. L [age not indicated] appealed against a sentence of two years imprisonment imposed by the District Court on a charge of aggravated robbery. L and co-offender had gone to a Japanese restaurant where they had eaten, made arrangements to pay the following day but returned later and attacked the restaurant owner, robbing him of over $3,000; chair leg and diver’s knife used as weapons; serious violence. Whether the two year sentence should be suspended. R v Moananui [1983] NZLR 537 and R v Petersen [1994] 2 NZLR 533 considered; this case falls within second category in R v Moananui; Criminal Justice Act 1985, s5: imprisonment appropriate unless there are special circumstances which would justify avoiding a full-time custodial sentence. R v Hodge (CA 471/94, 28 November 1997) distinguished. A fine of $10,000 was imposed, of which $7,500 was to be paid to the victim, along with the 2 year sentence of imprisonment. Concern of the sentencing Judge was the degree of violence involved and the need for a deterrent sentence; but considered the youth of the offender and that it was his first offence. Held: deliberate and unprovoked attack; not satisfied that the sentencing Judge was wrong or that the sentence was manifestly excessive.

Decision: Appeal dismissed.