| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA414/2010 [2011] NZCA 305 |
| BETWEEN BRONSON TETINI PEKEPO |
| AND THE QUEEN |
| CA440/2010 |
| BETWEEN KARL NESTOR NATHAN |
| AND THE QUEEN |
| Hearing: 11 May 2011 |
| Court: Chambers, Venning and Courtney JJ |
| Counsel: G W Calver for Bronson Pekepo |
| Judgment: 5 July 2011 at 3 pm |
JUDGMENT OF THE COURT
CA414/2010
A The appeal against conviction is dismissed.
BThe appeal against sentence is allowed. The sentence of ten years’ imprisonment and the order the appellant serve two-thirds of it are quashed. In substitution therefor, the appellant is sentenced to eight and a half years’ imprisonment and is ordered to serve a minimum period of imprisonment of five years, eight months.
CA440/2010
CThe appeal is dismissed.
REASONS OF THE COURT
(Given by Chambers J)
A shot in the back
On 24 February 2007 Wayne Tweeddale, the Vice-President of the Wanganui Hells Angels, was shot in the back as he rode his Harley Davidson motorcycle on State Highway 2 between Waipawa and Hastings. Hastings Police commenced an investigation. It quickly emerged that the Central Hawke’s Bay Mongrel Mob were probably behind the shooting. Police came across a text message which Allan Waa, President of the Hawke’s Bay Chapter, had sent on 24 February to Karl Nathan, one of the appellants before us, and Tawhiri Hone, to the effect that Hells Angels were heading in their directions and to “hit them”.
The Crown case, as it ultimately emerged, was that shots were fired at Mr Tweeddale from a Honda Concerto driven by a 19 year old Mongrel Mob prospect, Mr Hone. With him in the car were his cousins Mr Nathan and Bronson Pekepo, the other appellant before us. Both Mr Nathan and Mr Pekepo were patched members of the Mongrel Mob. The Crown case was that it was Mr Nathan who fired two shots at Mr Tweeddale. Mr Pekepo’s role was one of encouragement and assistance. All the men in the car were charged with attempted murder.
Mr Waa was charged with being a party to causing grievous bodily harm with intent to cause grievous bodily harm. The Crown did not charge him with attempted murder. It considered, despite the ultimate actions of those he commanded, that the order to “hit them” was not necessarily a command to kill. Mr Waa pleaded guilty. Asher J sentenced him to eight and a half years’ imprisonment for this and other offending.
Mr Hone pleaded guilty to his charge. Andrews J sentenced him to six years’ imprisonment.
Messrs Pekepo and Nathan pleaded not guilty. The Crown called Mr Hone as a witness at the preliminary hearing. He did not co-operate. He was declared hostile and his videotaped statements were admitted in evidence. Messrs Pekepo and Nathan were committed for trial on the basis of that evidence.
The joint trial of Messrs Pekepo and Nathan took place in April last year before Miller J. The Crown called…
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- Pekepo v R [2011] NZCA 305
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- [2011] NZCA 305
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