| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA453/2015 [2016] NZCA 177 |
| BETWEEN | PETER PAKAU |
| AND | THE QUEEN |
| Hearing: | 7 April 2016 |
Court: | Wild, Clifford and Brewer JJ |
Counsel: | P J Kaye for Appellant |
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.…
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- AGLC
- Pakau v The Queen [2016] NZCA 177
- Case
- [2016] NZCA 177
- Decision Date
CaseChat Overview and Summary
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
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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