R v Moses - [2022] NZHC 2627

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-092-11754

[2022] NZHC 2627

THE KING

v

ANTHONY PAPAROA MOSES ALAN TUTERE COOPER

Hearing: 27-30 September, 3-5 October 2022

Appearances:

C P Howard, S Bicknell and J Barley for Crown G A Walsh and M James for Mr Moses

J Bell and J Keung for Mr Cooper

Verdicts:

13 October 2022

Reasons:

13 October 2022

REASONS FOR VERDICTS OF LANG J

Solicitors:
Kayes Fletcher Walker, Manukau

R v MOSES [2022] NZHC 2627 [13 October 2022]

[1] Mr Moses and Mr Cooper face four charges, all of which arise out of a series of incidents that occurred on the afternoon of 20 November 2020. The charges comprise intentional damage (x3),1 aggravated burglary2 and participating in an organised criminal group.3

[2] The Crown contends that both defendants were party to a plan by numerous members and associates of the Killer Beez gang to exact retribution on a rival gang, the Tribesmen. They implemented this by discharging firearms at houses they believed to be occupied by persons associated with the Tribesmen.

Background

[3] On the afternoon of 20 November 2020 both defendants travelled in separate vehicles from Hamilton to Auckland. Mr Moses was driving an orange Holden Commodore, whilst Mr Cooper was driving a grey Honda Torneo. They stopped on three occasions during the journey to Auckland. The first was at a Z service station in Huntly, where five vehicles parked in close proximity. The occupants of the vehicles then gathered for a group photograph. The vehicles subsequently travelled to the Mobil service station at Mercer, where further vehicles joined them and another group photograph was taken. The convoy then travelled to Bombay, where the occupants of the vehicles shared a meal at a KFC fast food restaurant.

[4] After leaving Bombay the convoy travelled to an address in Rosella Road, Mangere. That address was occupied by Mr Michael Crawford, a leading figure in the Killer Beez organisation. After spending approximately two hours at the Rosella Road address, three convoys of vehicles left the address at intervals of approximately six minutes. The convoys travelled to residential addresses situated in Otara Road, Capstick Road and Pearl Baker Drive in Otara. Upon arriving at these addresses occupants of the vehicles discharged firearms at houses in the vicinity. This caused damage in the form of broken windows and bullet holes to the exterior of the properties.

1      Crimes Act 1961, s 269(1).
2      Section 232(1)(a).
3      Section 98A.

[5] Another convoy of cars travelled to an address in Blampied Road, where the armed occupants of the vehicles accosted the occupant of the address. They asked this person where their son was. They then searched the address to satisfy themselves that the person they were seeking was not there.

[6] These events led to the defendants being charged with intentionally damaging residential properties in Otara Road, Capstick Road and Pearl Baker Drive. They are also charged with the aggravated…

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 Moses

Details

AGLC: R v Moses [2022] NZHC 2627
Case: [2022] NZHC 2627
Decision Date: 13 October 2022

CaseChat Overview and Summary

In the High Court of New Zealand, Anthony Paparoa Moses and Alan Tutere Cooper faced four charges arising from a series of incidents that occurred on 20 November 2020. The charges were intentional damage (x3), aggravated burglary, and participating in an organised criminal group. The Crown alleged that the defendants were part of a plan by numerous members and associates of the Killer Beez gang to exact retribution on a rival gang, the Tribesmen, by discharging firearms at houses believed to be occupied by persons associated with the Tribesmen. The legal issues the court had to decide were whether the Crown had proved beyond reasonable doubt that the defendants knowingly and intentionally participated in the events that occurred on 20 November 2020, and whether the defendants were guilty of the charges they faced. The court found that both defendants were knowingly and intentionally involved in the events that occurred on 20 November 2020, and they were both parties to an agreement with several other persons to assist in carrying out an unlawful purpose. The court found the defendants guilty on charges 1, 2, 3 and 6, and not guilty on charge 4.

Orders