Two men sentenced to home detention after robbing 95-year-old on Christmas Eve

3:14 pm on 27 August 2022

By Ellen Thompson, Open Justice reporter of NZ Herald

It was Christmas Eve and Christian Henson and Jeremiah Moeara wanted money - so they set up near a busy money machine and waited for the "perfect target".

Person inserting bank card into ATM machine to withdraw money.

The pair watched as the elderly man withdrew $1000 from the ASB ATM in Auckland's Royal Oak (file picture). Photo: 123RF

When they saw a frail and elderly man approach the ASB ATM in Auckland's Royal Oak, Henson followed him and watched as he withdrew $1000 in cash.

The young men then climbed into a car and followed the 95-year-old home and into a secure parking facility that only the residents had access to.

Moeara waited in the car as Henson approached the man and tried to steal his money. When he resisted Henson punched him in the face.

The elderly man was left lying on the ground alone as the pair fled the scene.

"What a Christmas present you gentlemen had given him," Judge Kirsten Lummis told the 24-year-olds as they were sentenced to home detention for the cowardly aggravated robbery.

"You targeted a vulnerable man. Given his frailty, any attack was likely to cause injury."

Crown lawyer Jessica Ah Koy said the 2021 attack involved a vulnerable victim in a place where he expected to feel safe.

She said it was premeditated - the proof being they had changed the licence plates on their car so it was less likely to be traced back to them if they were seen leaving.

The man, who is now 96, was unable to attend the sentencing due to medical reasons but Ah Koy read the victim impact statement on his behalf.

"This attack has impacted my wellbeing, physically and mentally, I suffered head injuries, internal bleeding in my ear, swelling and a black eye.

"As of this date I have not received an apology and I feel there was a lack of respect given to my suffering."

Judge Lummis advised the court that the victim had not received any apology letters due to strict bail conditions.

Family members sat at the back of the Auckland District Court to support both Henson and Moeara.

The men sat in the defendant's dock together, both with their heads bowed.

Henson's lawyer, Lucy Deane, said her client accepted the gravity of offending and his actions on that day.

"We can't argue about the vulnerability of the victim, it doesn't get much worse than this.

"Henson has sought rehabilitative help. For a young man to meet with a stranger and talk freely about the most disgraceful decision he has made in his life isn't easy," she said.

Moeara's lawyer, Antonio Spika, said it was not for drugs or alcohol and described the offence as a snatch and grab that went horribly wrong.

"The offending was for monetary gain, he wanted the money to buy Christmas presents."

However, Judge Lummis disagreed.

"No, enough for meth and alcohol. He is a first-time offender with no previous convictions," Spika said.

Henson was given a starting point of five years' imprisonment but was given discounts for his guilty plea, remorse, cultural report and support from his family. He was sentenced to 13 months' home detention.

Moeara's starting point was three years' imprisonment, but, due to his guilty plea, cultural report and remorse, his sentence was reduced to seven months' home detention.

"I hope that after watching your friend nearly be sentenced to a term of imprisonment you realise your offending wasn't a good thing to do.

"I know you wanted a sentence of community detention, but, in my view, your offending was too serious," Lummis said.

The pair were also ordered to pay the victim back.

"I hope you both know this is not a good thing to do to your fellow citizens," Lummis said.

After the sentencing, the pair and their families were seen celebrating with handshakes and hugs being exchanged.

"We got home D," Henson said as he shook Moeara's hand.

* This story originally appeared in the New Zealand Herald.