| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA734/2012 [2013] NZCA 470 |
| BETWEEN | JAMES MAXWELL NGARI HUATA |
| AND | THE QUEEN |
| CA745/2012 | |
| AND BETWEEN | THOMAS JOHN HUATA |
| AND | THE QUEEN |
| Hearing: | 19 August 2013 (memorandum received from the Crown on 4 September 2013) |
Court: | French, Rodney Hansen and Mallon JJ |
Counsel: | A J S Snell for Appellant James Huata |
Judgment: | 10 October 2013 at 11.00 am |
JUDGMENT OF THE COURT
AJames Huata’s appeal against sentence is dismissed.
BThomas Huata’s appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
Introduction
James and Thomas Huata are members of the Black Power gang.[1] They pleaded guilty in the High Court to a number of offences arising out of the shooting of a rival gang member. Both pleaded guilty to a charge of wounding with intent to cause grievous bodily harm and attempting to dissuade a witness. Thomas Huata also pleaded guilty to additional charges of arson and theft. Justice Collins sentenced each of them to a term of imprisonment of 12 years and three months.[2] They now appeal their sentences on the grounds that they were manifestly excessive.
[1]James Huata is not a patched member. Thomas Huata is a patched member.
The key issues raised by the appeals are:
(a)Was the Judge’s starting point on the lead offence of wounding with intent to case grievous bodily harm too high?
(b)Was the Judge justified in imposing a cumulative sentence of two years’ imprisonment for the offence of attempting to dissuade a witness?
(c)Were the discounts given for personal factors (age and guilty pleas) inadequate?
Factual background
The appellants are cousins. On 29 October 2010, they and another Black Power associate drove from Napier to Wairoa with the purpose of exacting revenge for the recent shooting of a fellow Black Power member by the Mongrel Mob. The car was stolen, Thomas Huata having intimidated its 15 year old owner into handing it over to him earlier that day. With them was a loaded sawn off shotgun.
On arrival in Wairoa, they drove around the township looking for a Mongrel Mob member to shoot. At approximately 6.30 pm they noticed Paul Kahukura, a patched Mongrel Mob member who happened to be filling his car at a local petrol station. After filling his car, Mr Kahukura got back into the driver’s seat and waited for his 13 year old son, who was inside the store paying for the petrol. Mr Kahukura’s wife was sitting beside him in the front passenger seat.
Upon seeing Mr Kahukura, Thomas Huata drove down a side street and parked out of sight behind the petrol station. James Huata then covered his face with a dark coloured bandanna and armed himself with the sawn off shotgun.
As Mr Kahukura sat waiting in his vehicle, James Huata ran up to the driver’s window, which was…
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- AGLC
- Huata v R [2013] NZCA 470
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- [2013] NZCA 470
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