Weeks after committing two robberies in Tikipunga, a teen and his older co-offender targeted Whau Valley Dairy. A shopkeeper was threatened with a gun in front of his wife and baby. Photo / Michael Cunningham
A judge was reluctant to send a teen to prison for his part in three armed robberies, including one where a gun was brandished at a customer and a shopkeeper whose wife was holding their baby nearby.
However, Brett Redshaw, 18, was jailed for three years, 10 months, and given a strike warning, having pleaded guilty after a sentence indication to three charges of aggravated robbery and one of unlawfully taking a vehicle.
Sentencing Redshaw in the High Court at Whangārei, Justice Timothy Brewer said he was worried the teen's criminal behaviour and gang affiliations might be more entrenched by the time he is released but a prison term was the only option.
He agreed with a pre-sentence report writer's assessment that Redshaw posed a high risk of reoffending and said his significant past offending offset any discount he might have got for his youth.
Redshaw was 17 last year and a member of the Crips gang when he and an older alleged co-offender committed three robberies. Due to the seriousness of the charge, and for other legal reasons, Redshaw's sentencing was dealt with in the High Court.
The first two robberies were on June 7 at GAS Tikipunga and its attached pizza shop.
Redshaw's mate allegedly went into the GAS station carrying a sawn-off gun, which he pointed at the attendant while demanding cash and tobacco.
Redshaw went into the pizza shop where he stole $1000 from the till. The terrified attendant managed to lock himself in a room when Redshaw turned his attention to the GAS station.
The robbers made off in the GAS station attendant's car, which Redshaw later dumped.
It was recovered but needed new locks and cost the victim $550 in insurance excess.
Three weeks later, on June 27, at about 5.30pm, the pair targeted the Whau Valley Dairy.
Redshaw's mate allegedly brandished the gun at a male shopkeeper forcing him to sit on the floor then demanded his car keys. The shopkeeper's wife was behind the counter holding their 11-month-old baby, as the robbers filled a bag with $3000 cash from the till and about $20,000 worth of tobacco products (none of which were recovered).
When a customer came in, Redshaw's mate allegedly brandished the gun at him.
The robbers left on foot.
All the victims said they were terrified about what might have happened and what could happen again in future.
The sentence starting point for the first two aggravated robberies was five years, with an uplift of two years for the third one.
In line with his earlier indication, Justice Brewer gave a 20 per cent discount for his guilty plea.
Based on reports produced for sentencing, he gave a further 25 per cent discount for a combination of Redshaw's personal mitigating factors and youth.
He was satisfied a cultural report established a connection between Redshaw's background and his offending.
While "thankfully not nearly as bad as many", the report showed Redshaw had limited role models, was allowed to drop out of education at 12 years old and that his major life influences were criminals, the judge said.
Discount for his young age was offset by Redshaw's criminal history. Aged 15 and 16 he accumulated 15 proven charges in the Youth Court. The last of them was an aggravated robbery in October 2020, for which he was still on Youth Court supervision at the time of these robberies.
Redshaw's experience as a criminal and the planning involved in these robberies negated the impulsivity normally associated with young people's offending, the judge said.
The judge accepted Redshaw was a methamphetamine user but said there was no evidence of any addiction issues to warrant further discount.
Prison was not a good place for an 18-year-old and would likely only entrench Redshaw's gang affiliations and see him come out an even more anti-social person, the judge said. But he agreed with a pre-sentence report writer Redshaw posed a high risk of reoffending.
As a young person Redshaw had greater prospects of rehabilitation. He hoped Redshaw would take advantage of prison rehabilitation programmes, the judge said.
"If you do those [courses] you will have a proper future, if not you will have a full face of tattoos and a lifetime in prison. Those are the choices you have," Justice Brewer said.
*Court proceedings are still pending for the alleged co-offender.