Paraha v Police

Case [2017] NZHC 1887


IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2017-488-000020 [2017] NZHC 1887

BETWEEN

SHANE PARAHA

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 7 August 2017

Appearances:

N Leader for the Appellant
J P R Scott for the Respondent

Judgment:

7 August 2017

ORAL JUDGMENT OF HINTON J

Counsel/Solicitors:

Nicholas Leader, Barrister, Auckland

Marsden Woods Inskip & Smith, Whangarei

SHANE PARAHA v NEW ZEALAND POLICE [2017] NZHC 1887 [7 August 2017]

Introduction

[1]      On 22 May 2017, Mr Paraha was sentenced in the Whangarei District Court by Judge McDonald.1    Mr Paraha was sentenced to 25 months’ imprisonment for causing grievous bodily harm with reckless disregard,2 and 18 months’ imprisonment for five charges of assault with a weapon.3     These sentences were to be served concurrently.

[2]      Mr Paraha appeals against his sentence.

Factual background

[3]      On the night of Saturday 17 December 2016, a group of about six young people went to the Business District in Whangarei to visit local bars and have a night out.  At about 2.00 am, when waiting for a taxi to pick them up, members of that group became involved in an argument with Mr Paraha and two of his companions. Around  an  hour-and-a-half  later,  at  3.30am,  Mr  Paraha  was  sitting  in  the front passenger seat of a silver Chrysler, which was being driven down Bank Street. The victims were sitting outside a commercial property on the corner of Water and Bank  Streets.     As  the  car  approached  the  intersection  of  Bank  Street  and Water Street, Mr Paraha wound down the front passenger window of the Chrysler, and rested a paintball gun on the window.  He then fired that gun in rapid fire mode at the victims.

[4]      Six of the eight members of the group who were sitting outside the property on the corner of Water and Bank Streets were hit by the paintball rounds fired from Mr Paraha’s gun.  One of the victims was hit in her right eye and was permanently blinded.  She also consequently suffered eye strain, headaches and anxiety after the incident.  The other victims were hit with one paintball each, the paintballs striking at different locations on each victim’s body, ranging from the stomach, upper arm,

upper thigh, right side of back and the chest.  All those struck to the body suffered

1      Police v Paraha [2017] NZDC 10689.

2      Crimes Act 1961, s 188(2). The maximum penalty is seven years’ imprisonment.

3      Crimes Act 1961, s 202C(1). The maximum penalty is five years’ imprisonment.

welts and bruising from being hit with the paintball rounds.  One victim stated that they also suffered ongoing emotional effects.  I fully expect others did too.

[5]      Mr Paraha then quickly left the scene.

[6]      When the police located Mr Paraha, he told them that the verbal argument led him and his friends to formulate a plan to retaliate, which was to fire at the other group with a paintball gun if they found them.   Mr Paraha said he shot up to ten rounds at the…

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Paraha v Police [2017] NZHC 1887
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[2017] NZHC 1887
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CaseChat Overview and Summary

Shane Paraha, the appellant, brought an appeal against his sentence imposed by the Whangarei District Court. The appellant was sentenced to 25 months' imprisonment for causing grievous bodily harm with reckless disregard and 18 months' imprisonment for five charges of assault with a weapon, to be served concurrently. The appellant appealed on the grounds that the starting point was too high, there was insufficient discount for his personal mitigating factors, and insufficient discount for his guilty plea. The appeal was allowed by Hinton J. The starting point was set too high and should have been two years and four months' imprisonment. The appellant's discount for his mitigating factors was not insufficient, however, the discount for his guilty plea should have been 25 per cent, not 20 per cent. In light of the appellant's age, remorse, and the fact that this was his first violent offence, Hinton J substituted the sentence of imprisonment with a sentence of home detention. The appellant was sentenced to nine months' home detention, to be served at 31 Tauroa Street, Raumanga, Whangarei. The appellant was required to attend alcohol counselling, a Tikanga Māori programme, and any other programme as directed by the probation officer.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

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