R v Baker - [2024] NZHC 3152

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-092-004586

[2024] NZHC 3152

THE KING

v

JOSHUA BAKER

Hearing: 30 October 2024

Counsel:

A Al-Janabi and CM Fountain for Crown SJ Taylor-Cyphers for Defendant

Judgment:

30 October 2024

SENTENCING REMARKS OF DOWNS J

Solicitors/Counsel:
Crown Solicitor, Manukau. SJ Taylor-Cyphers, Auckland.

R v BAKER [2024] NZHC 3152 [30 October 2024]

Introduction

[1] Joshua Baker, you are for sentence on two charges of unlawfully getting into a motor vehicle,1 and much more seriously, two of discharging a firearm with reckless disregard for the safety of others.2

Background

[2] Your offending forms part of intergang hostility between the Tribesmen and Killer Beez. In May and June of 2022, no fewer than 20 shooting incidents and nine of arson occurred between the two gangs.

[3]Your offending occurred 24 May 2022.

[4] At approximately 6.50 pm, you and three others drove to the home of a member of the Tribesmen in Flat Bush. Your group had at least three firearms: a 20-gauge shotgun, a 12-gauge shotgun, and a third unspecified firearm. Your group fired at least eight shots toward the home. A car in the driveway was hit, as was the home itself. Those in the home returned fire resulting in bullet damage to nearby properties and cars.

[5] You and the others fled in a car specifically stolen for the purpose. You abandoned that car, then got into another which was waiting for you at an arranged meeting point. You and your group drove away at speed.

[6] Later the same night, at approximately 11.18, you and two others went to a home in Henderson in a second stolen car. Your group was armed with at least two firearms. As with the first home, you went to the second believing it to be occupied by a member of the Tribesmen gang. But that occupant was not living there. His partner was, with her young children.

[7] Your group drove down the driveway to the home, then revved the car’s engine. The female occupant approached the bedroom window. When she did, your group

1 Crimes Act 1961, s 226(2); maximum penalty, two years’ imprisonment.
2 Section 198(2); maximum penalty, seven years’ imprisonment.

fired repeatedly toward the home. At least four shots were fired. One entered the window, narrowly missing her head. Another hit the window frame. As with the first shooting, your group then drove away at speed.

[8] You later admitted to Police you were a passenger in the first car. You said you pointed a shotgun out the window and pulled the trigger, but the weapon jammed. You admitted being present at the second home, but you denied shooting. Indeed, you said you did not have a firearm. That said, you admitted to Police knowing firearms were present, and their intended purpose.

Aggravating factors

[9]At least three things make your offending more serious.

[10] First, it was gang related. More particularly, it involved intergang…

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 R v Baker

Details

AGLC: R v Baker [2024] NZHC 3152
Case: [2024] NZHC 3152
Decision Date: 30 October 2024

CaseChat Overview and Summary

Joshua Baker was sentenced by the High Court of New Zealand in Auckland for two counts of unlawfully getting into a motor vehicle and two counts of discharging a firearm with reckless disregard for the safety of others. The court heard that the charges stemmed from incidents of intergang hostility between the Tribesmen and Killer Beez gangs in May and June 2022. On 24 May 2022, Baker and his associates fired shots at a Tribesmen member's residence in Flat Bush, causing damage to the property and nearby vehicles. Later that night, they fired shots at a home in Henderson, narrowly missing a female occupant and her children. Baker admitted to being a passenger in the first car but denied shooting at the second home.

The court identified several aggravating factors, including the gang-related nature of the offences, their premeditated and planned execution, and the high risk of serious harm to innocent bystanders. The starting point for sentencing was set at six years, with a 20% discount for Baker's guilty plea and a 10% discount for personal circumstances, resulting in a total sentence of 54 months, or four years and six months. The court also imposed a four-month uplift for Baker's previous offending history. The sentences for the firearm charges and the unlawful entry charges were to run concurrently.

In delivering the sentence, Downs J emphasised the seriousness of Baker's actions and the potential consequences for innocent individuals, urging Baker to reflect on the impact of his offending on his family. The court's decision recognised Baker's background and the prospect of rehabilitation, but also highlighted the need for accountability and deterrence in cases of gang-related violence.

Orders