R v Moses

The case before the High Court of New Zealand was a sentencing hearing for Anthony Paparoa Moses and Alan Tutere Cooper, who had been found guilty of multiple charges of intentional damage to property, knowing that such actions would likely result in danger to human life. They were also convicted of participating in an organised criminal group. The maximum penalty for these charges was ten years imprisonment. The charges stemmed from a series of incidents that took place on 20 November 2020, in Otara, where the defendants were part of a convoy of vehicles that fired shots at residential properties. The court had to determine an appropriate starting point for sentencing, considering the aggravating and mitigating factors of the case.

The court considered the premeditation and orchestration of the offending, the use of firearms in a populated area, and the impact on the victims as significant aggravating factors. The court also noted the extensive criminal histories of the defendants, although these were not considered relevant for sentencing purposes. For mitigating factors, the court took into account reports under section 27 of the Sentencing Act 2002, which detailed the deprived backgrounds of the defendants and their efforts towards rehabilitation. The court also considered the time spent on bail and the defendants' cooperation in efforts to shorten the trial. For Moses, the mitigating factors resulted in a total credit of one year and six months, reducing his sentence to five years imprisonment. For Cooper, the mitigating factors amounted to one year and four months, resulting in a sentence of five years and two months imprisonment. Both sentences were to be served concurrently.

In summary, the court sentenced Moses to five years imprisonment for participating in an organised criminal group and two years for the other charges, to be served concurrently. Cooper was sentenced to five years and two months imprisonment for the charge of participating in an organised criminal group and two years for the other charges, also to be served concurrently. The court took into account the aggravating and mitigating factors, as well as the sentences imposed on other offenders within the group, in determining the appropriate sentences for Moses and Cooper.