Pakau v The Queen - [2016] NZCA 177

IN THE COURT OF APPEAL OF NEW ZEALAND

CA453/2015
[2016] NZCA 177

BETWEEN	PETER PAKAU Appellant
AND	THE QUEEN Respondent

Hearing:	7 April 2016
Court:	Wild, Clifford and Brewer JJ
Counsel:	P J Kaye for Appellant M A Corlett for Respondent
Judgment:	5 May 2016 at 11.30 am

JUDGMENT OF THE COURT

AThe application for an extension of time to appeal is granted.
BThe appeal against sentence is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Clifford J)

Introduction

Peter Pakau, a former police officer, pleaded guilty to a total of 14 charges, nine involving corruption and dishonesty as a police officer and five the manufacture and supply of methamphetamine. Nine private citizens were charged along with Mr Pakau.
Mr Pakau was sentenced by Andrews J in the High Court at Auckland to eight years and four months’ imprisonment.[1] Mr Pakau now appeals that sentence as being manifestly excessive.
[1]R v Pakau [2014] NZHC 3020 at [78].
Mr Pakau filed his notice of appeal some seven months out of time. He therefore requires an extension of time to appeal. The Crown did not oppose an extension of time and we grant one.

Facts

Mr Pakau was sworn in as a police constable in February 2008. In 2011, having spent most of his career in general duties at the Henderson Police Station, Mr Pakau began working as a beat constable based at the New Lynn Police Station. He later joined a newly‑established police squad, based at New Lynn, to focus on car crime in the Waitakere area. In 2012, that squad moved to the larger Henderson Police Station. Mr Pakau then began an association with two of his co-accused, Ms Melissa Brown and Mr Kaisa Ta’avale, affiliates of the Head Hunters gang.
Throughout 2012 and 2013 Mr Pakau engaged in corruption and dishonesty offending, as well as serious methamphetamine offending. Mr Pakau committed his offending in the course of his duties as a sworn police officer. He often did so whilst he was on duty and wearing his police uniform. On a number of occasions he utilised marked police vehicles in connection with his offending.
We summarise the charges to which Mr Pakau pleaded guilty and the circumstances that gave rise to those charges below.

(a) Receiving stolen property (x1)

During a bail check at a private address, Mr Pakau noticed items of jewellery and an iPad. He returned with his co-accused Ms Brown to the address. Ms Brown took the jewellery and the iPad, and gave the iPad to Mr Pakau.

(b)Accessing a computer system for dishonest purposes (representative); corrupt use of official information (x2); accepting a bribe (x1); conspiracy to commit theft (x1)

On nine separate occasions Mr Pakau accessed the police National Intelligence Application system (NIA) on behalf of Ms Brown and other associates for dishonest purposes. Mr Pakau obtained information about the bail status of gang affiliates, registration details of vehicles, addresses and other personal information about persons of interest to Ms Brown and her associates.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Pakau v The Queen

Details

AGLC: Pakau v The Queen [2016] NZCA 177
Case: [2016] NZCA 177
Decision Date: 5 May 2016 at 11.30 am

CaseChat Overview and Summary

Peter Pakau appealed against the sentence imposed on him by the High Court at Auckland, which sentenced him to eight years and four months’ imprisonment. Pakau argued that the sentence was manifestly excessive. Pakau was a police officer who pleaded guilty to a total of 14 charges, nine of which involved corruption and dishonesty as a police officer, and five of which involved the manufacture and supply of methamphetamine. The Court of Appeal allowed Pakau's application for an extension of time to appeal and dismissed the appeal against sentence. The Court of Appeal was satisfied that the end sentence of eight years and four months’ imprisonment was not manifestly excessive, given the seriousness of Pakau's corruption offending and his exploitation of his position as a police officer. The Court of Appeal found that the starting points used by the High Court were not challengeable and that the Judge was entitled to uplift the starting point for the lead methamphetamine offending to take account of the supply and conspiracy to supply charges. The Court of Appeal also found that the Judge was entitled to discount the sentence for time spent on electronically-monitored bail, genuine remorse, rehabilitative prospects, and the particular difficulties associated with a prison sentence, and that the Judge was entitled to allow a 15 per cent discount for Pakau's guilty pleas.

The Court of Appeal dismissed Pakau's appeal against his sentence, and the final orders were that the application for an extension of time to appeal was granted, and the appeal against sentence was dismissed.

Orders