| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA648/2022 [2024] NZCA 121 |
| BETWEEN | ANTHONY PAPAROA MOSES |
| AND | THE KING |
| CA4/2023 | ||
| BETWEEN | SEAN CONRAD THOMPSON | |
| AND | THE KING | |
| CA246/2023 | ||
| BETWEEN | ALAN TUTERE COOPER | |
| AND | THE KING | |
| Hearing: | 13 March 2024 |
Court: | French, Palmer and Cooke JJ |
Counsel: | G A Walsh for Appellant in CA648/2022 |
Judgment: | 19 April 2024 at 2.15 pm |
JUDGMENT OF THE COURT
AMr Cooper’s application for leave to appeal his sentence out of time is granted.
BMr Cooper’s appeal against sentence is dismissed.
CMr Moses’ appeal against sentence is dismissed.
DMr Thompson’s appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
Table of Contents
Introduction [1]
The facts of the offending [9]
Messrs Moses and Cooper [9]
Mr Thompson [9]
The sentencing [13]
Were the starting points too high? [22]
Messrs Moses and Cooper [24]
Our view [33]
Mr Thompson [35]
Were the discounts given for personal mitigating factors inadequate? [42]
Mr Thompson [42]
Guilty plea [42]
Section 27 report [44]Mr Cooper [49]
Efforts to shorten the trial [49]
Mr Moses [57]
Efforts to shorten the trial [57]
Credit for time spent on electronically monitored bail [58]
Section 27 report [60]
Conclusion [65]
Outcome [67]
Introduction
On the afternoon of 20 November 2020, numerous members and associates of the Killer Beez gang including the three appellants carried out a concerted plan to take retaliatory action against the Tribesmen gang.
The plan involved the group driving in convoys to certain suburban streets in South Auckland and shooting from their vehicles at houses believed to be occupied by members of the Tribesmen. Three houses were targeted, one on Otara Road, another on Pearl Baker Drive and a third on Capstick Road. At a fourth house on Blampied Road, two armed men got out of their vehicle, unlawfully entered the house and accosted an occupant demanding to know where his son was.
Fortunately, no one suffered any serious physical injuries but those in the targeted houses and surrounding neighbourhoods, including young children, were understandably frightened. There was also some damage to property in the form of broken windows and bullet holes.
Each of the appellants was charged with three counts of being a party to intentional damage to property knowing that danger to life was likely to result,[1] one count of being a party to aggravated burglary[2] and one count of participating in an organised criminal group.[3]
[1]Crimes Act 1961, ss 66 and 269(1).
[2]Sections 66 and 232(1)(a).
[3]Section 98A. They were also charged with a fourth charge of intentionally damaging property but were discharged of that charge at the end of the Crown case.
The three appellants entered pleas of not guilty to all charges and were tried together in a judge alone trial before Lang J. During the trial, Mr Thompson abandoned…
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- AGLC
- Moses v R [2024] NZCA 121
- Case
- [2024] NZCA 121
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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