ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF WITNESS/VICTIM/CONNECTED PERSONS PURSUANT TO S 202
CRIMINAL PROCEDURE ACT 2011.
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2013-096-2316 [2014] NZHC 2705
THE QUEEN
v
SHANE PIERRE HARRISON DILLIN PAKAI
Hearing: 31 October 2014 Counsel:
G J Burston and J A Eng for the Crown
S J Gill for Harrison
K R Smith and C Tenet for PakaiSentence:
31 October 2014
SENTENCING NOTES OF MALLON J
Introduction
[1] Normally I would require you both to stand at this point. However there is quite a bit to go through, particularly in relation to you Mr Harrison because of the three strikes legislation. You can therefore remain seated for now but you will be asked to stand when I formally pass sentence on you. I am going to start with you Mr Pakai and because of that I would actually like you two to switch places in the dock
please. Thank you very much.
R v HARRISON [2014] NZHC 2705 [31 October 2014]
Mr Pakai
Convictions
[2] Mr Pakai, you appear for sentencing on your convictions for murder1 and reckless discharge of a firearm2 following your jury trial before me last month. You are also to be sentenced on your convictions for reckless discharge of a firearm3 and unlawful possession of a firearm4 following your guilty pleas entered before trial.
[3] Because of your conviction for murder you were given a first strike warning when I entered the conviction at the conclusion of the trial. You will be given a document setting out that warning in writing.
Circumstances of offending
[4] The events which gave rise to your offending took place on the evening of
22 August 2013. You and Mr Harrison are members of the Rogues chapter of the Mongrel Mob. The two of you decided to pay a visit on [Mr EE], who was a member of [a different chapter of the Mongrel Mob]. It is apparent from the evidence that [Mr EE] was involved in methamphetamine. It appears that your intended visit was because of that.
[5] When the two of you arrived at his flat he was not home. [Mr EE] had been smoking methamphetamine and had gone somewhere to “reload”.5 His partner, [Ms MN], was alone in their flat. You entered their flat and took [Ms MN’s] cell phone, a small amount of cannabis that was lying around, a packet of cigarettes and a pipe for smoking methamphetamine. [Mr EE] also thought you took some gang regalia although the evidence as to whether you in fact did so is not so clear. After taking these various items you left.
[6] [Ms MN] was upset by this intrusion. After several attempts she managed to make contact with [Mr EE] and told him what had happened. He was very angry. He
1 Crimes Act 1961, ss 167 and 66.
2 Arms Act 1983, s 53(3); Crimes Act 1961, s 66.
3 Crimes Act 1961, ss 198(2)…
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