| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA886/2010 [2013] NZCA 305 |
| BETWEEN | QUENTIN DUANE PUKEROA |
| AND | THE QUEEN |
| Hearing: | 10 and 11 June 2013 |
Court: | O’Regan P, Miller and MacKenzie JJ |
Counsel: | R M Lithgow QC for Appellant |
Judgment: | 18 July 2013 at 10 am |
JUDGMENT OF THE COURT
A The appeal against conviction is dismissed.
BThe appeal against sentence is allowed, to the extent that the minimum period of 15 years is quashed and a minimum period of 13 years is substituted.
____________________________________________________________________
REASONS OF THE COURT
(Given by MacKenzie J)
Introduction
The appellant was convicted on one count of murder, two counts of aggravated burglary, one count of injuring with intent to injure one count of attempted murder, and one count of participating in an organised criminal group, following trial before Wylie J and a jury in the High Court at Rotorua in October and November 2010. On 10 December 2010 he was sentenced to life imprisonment with a minimum parole period of 15 years.[1] He appeals against both conviction and sentence.
Facts
[1]R v Pukeroa HC Rotorua CRI-2009-063-697, 10 December 2010.
On 27 January 2009 several members of the Mongrel Mob gang, including the appellant, travelled from Kawerau to Murupara to attend a tangi. Tensions developed between that group and members of the Tribesmen gang living in Murupara. At about 8.30 that evening the appellant and another Mongrel Mob member were assaulted by a group of five or six Tribesmen members, including brothers Mahu and Jamie Herewini. The appellant was punched, thrown to the ground, and kicked and hit a number of times on the head with the blunt side of an axe. His Nissan truck was stolen. Unbeknown to the appellant, it was subsequently set on fire and pushed over a cliff.
The appellant was assisted by an associate and rejoined other Mongrel Mob members at a nearby property. A number of Mongrel Mob members armed themselves with a variety of weapons and got into vehicles. They travelled around Murupara in a convoy searching for the appellant’s truck and for those involved in the assault. They saw a Tribesmen gang member, Iwi Delamere, and chased him in their vehicles back to his home at 43 Matai Street. He escaped over the back fence leaving his partner and baby in the house. Several Mongrel Mob members went onto the property and used their weapons to smash windows in the house and to damage vehicles. Some entered the house where they smashed a mirror and tipped over furniture.
The Mongrel Mob members then left 43 Matai Street and travelled to 10 Matai Street where the Herewini brothers lived. Mahu and Jamie were present when the group arrived, armed with sticks and pieces of wood. The appellant exchanged abuse with them. He and other Mongrel Mob members then went onto the property and some of them smashed windows. The Herewini brothers ran from their property as…
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- AGLC
- Pukeroa v R [2013] NZCA 305
- Case
- [2013] NZCA 305
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