R v Misifosa - [2025] NZHC 2527

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-004-8998

[2025] NZHC 2527

THE KING

v

CHANEL JUNIOR LEITU MISIFOSA

Hearing: 12 August 2025

Appearances:

HDL Steele for Crown

DHP Schellenberg for Defendant

Sentence:

12 August 2025

SENTENCING NOTES OF BECROFT J

Solicitors/Counsel:
Meredith Connell, Auckland
D Schelleberg, Barrister, Auckland

R v MISIFOSA [2025] NZHC 2527 [12 August 2025]

Charge

[1] Mr Chanel Junior Leitu Misifosa, you appear for sentence having pleaded guilty to one charge of recklessly discharging a firearm with intent to intimidate—to frighten or scare—one or more persons, namely members of the Head Hunters Motorcycle Gang.

[2] The charge is laid under the Crimes Act and the maximum penalty is five years’ imprisonment.1

Facts

[3] The charge arises from your participation in a pre-arranged gang fight between some members of the FITUS and Rebel gangs and their associates on one side, and members of the Head Hunters gang and their associates on the other.

[4]You were then a patched member of the Rebels.

[5] The event occurred on 5 August 2023, a Saturday. It occurred in a public park in broad daylight just after 2.30 pm in the afternoon.

[6] Prior to the fight, your side assembled at the Rebels gang pad in Otahuhu. From there, you travelled to Point England in a convoy of FITUS and Rebels vehicles. You stopped briefly at an address on Pilkington Road in Point England, before continuing to Taurimu Reserve.

[7] At the reserve, your group of about 40 people, including you, congregated on one side. The Head Hunters with about 20 people assembled on the other side. Then the majority of the Rebels and the FITUS group, including you, entered the reserve and moved forward to engage in a confrontation.

[8] A small number of your group remained on a nearby road to watch events unfold.

1 Crimes Act 1961, s 308A. Maximum penalty five years’ imprisonment.

[9] As your group ran forward, a member of the Head Hunters ran forward towards your group. He was carrying a pistol. He began shooting towards the group you were part of.

[10] In response, you ran back towards the remaining members of your group who had not entered the reserve and were standing on the road. You raised your hands in an apparent signal for them to enter the park.

[11] Three Rebels FITUS members then entered the park with firearms. They begin shooting at the Head Hunters with their own firearms.

[12] One was firing a military style semi-automatic rifle. The others were firing a shotgun and a pistol respectively. Tragically, at this point, Mr Charles Pongi was shot. He was a member of the Head Hunters group, but not involved in the fight proper. He was seriously injured. He was taken to Auckland Hospital where, tragically, he later died.

[13] I make clear, you are not charged directly or indirectly in relation to his death. But his death informs the context…

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 Misifosa

Details

AGLC: R v Misifosa [2025] NZHC 2527
Case: [2025] NZHC 2527
Decision Date: 12 August 2025

CaseChat Overview and Summary

The case of R v Misifosa involves Chanel Junior Leitu Misifosa, who pleaded guilty to recklessly discharging a firearm with intent to intimidate members of the Head Hunters Motorcycle Gang. The incident occurred during a pre-arranged gang fight in a public park in Auckland. Misifosa, a patched member of the Rebels gang, participated in the confrontation by firing a shot towards the retreating Head Hunters. The court had to determine the appropriate sentence for this offence, taking into account various factors, including the aggravating features of the crime, the personal circumstances of the offender, and the impact of his imprisonment on his young children.

The key legal issues before the court were determining the appropriate starting point for the sentence, considering the aggravating and mitigating factors, and deciding on the final sentence. The court considered the serious nature of the offence, the premeditation involved, the use of a firearm in a public place, and the lack of remorse shown by the offender. The court also had to balance these factors against the personal circumstances of Misifosa, including his difficult upbringing, substance abuse issues, and the impact of his imprisonment on his children.

The court found that the appropriate starting point for the sentence was three-and-a-half years’ imprisonment, considering the seriousness of the offence. Various reductions were applied, including a 15% reduction for the guilty plea, a 10% reduction for personal circumstances, and a 5% reduction for the impact on his children. Additionally, the court applied a reduction for time spent on electronically-monitored bail. After applying all the reductions, the final sentence imposed was two years’ imprisonment. The court emphasized the need to denounce the reckless use of firearms and protect the community while also considering the offender’s personal circumstances and the welfare of his children.

Orders