Armed robber gets jail wish
An armed robber told his defence counsel to ask a High Court judge in Christchurch for preventive detention because he never wanted to get out of prison.
He got his wish.
Francis Alan Charles Borrell, 35, was being sentenced on six charges of aggravated robbery by Justice Christian Whata when Lee Lee Heah said her instructions from Borrell were to seek preventive detention, and he wanted to be imprisoned forever.
She said both psychological reports said he was a high risk of re-offending, and he had problems with anxiety and adaptive functioning.
Crown prosecutor Catherine Butchard said aggravated robbery was within the rules for preventive detention.
They were serious offences and Borrell posed a risk to the community.
Borrell did the aggravated robberies with other people, and with weapons, which made them unpredictable high risk situations where things could go wrong.
She said his offending was getting more serious as the years passed.
Justice Whata said in November 2006, along with two other people, Borrell committed an aggravated robbery at the Celtic Arms in Selwyn St, Christchurch.
As the bar manager was about to leave, the men went in and Borrell was armed with a knife.
He demanded money and was taken to the safe where more than $6000 was taken. He took the man's cellphone, wallet, car keys and cigarettes. Outside he went to a taxi, held the knife to the driver and demanded his money.
In June 2009 with two other men he went to the Bedrock Bar in Lincoln Rd.
He had a pistol, demanded money and cellphones off the men there, and money was taken from the safe. The property and money taken was worth more than $24,000.
He said Borrell's pre-sentence report said he had an early age pattern of anti-social behaviour and he had spent time in institutions.
The psychologists' reports said he suffered from anxiety, panic attacks and depression.
Borrell had been to rehabilitation courses but was unable to finish them, he said.
Violence was threatened rather than active and Borrell was not over-aggressive or impulsive, he said.
The robberies were planned in an unsophisticated manner, but involved several offenders who wore disguises and were armed.
The men targeted public places where members of the public were present or could have been present. The impact on the victims was real and substantial, he said.
Justice Whata said Borrell had over 100 convictions, was the leader in the offending and was not remorseful.
He sentenced Borrell to seven years and seven months' prison, and preventive detention with a minimum non-parole term of five years.