| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA651/2018 [2019] NZCA 524 |
| BETWEEN | ANDRE ROBERT TAIAPA |
| AND | THE QUEEN |
| Hearing: | 10 April 2019 |
Court: | Clifford, Katz and Thomas JJ |
Counsel: | E A Hall and E T Blincoe for Appellant |
Judgment: | 31 October 2019 at 12 pm |
JUDGMENT OF THE COURT
AThe application for an extension of time is granted.
BThe appeal against sentence is allowed.
CThe driver licence disqualification period of four years from the date of release is quashed. A disqualification period to be calculated in accordance with [46] of this judgment is substituted.
____________________________________________________________________
REASONS OF THE COURT
(Given by Clifford J)
Introduction
The appellant, Andre Taiapa, pleaded guilty to the manslaughter of Don Turei. That charge was laid after Mr Taiapa had pleaded not guilty to the murder of Mr Turei, arising out of the same circumstances.
Lang J sentenced Mr Taiapa to six years and four months’ imprisonment, imposed a minimum period of imprisonment (MPI) of 50 per cent and disqualified Mr Taiapa “from holding or obtaining a motor driver’s licence for a period of four years from the date of [his] release from prison”.[1]
[1]R v Taiapa [2018] NZHC 1815 at [47].
Mr Taiapa now appeals against that last element of his sentence: he says the period of disqualification was manifestly excessive when considered in totality with the rest of his sentence.
Mr Taiapa’s appeal was filed approximately two months out of time. As the delay has been adequately explained and no prejudice appears to arise, we grant the necessary extension.
Factual context
Saturday 26 November 2016 was an eventful day for the inhabitants of the small settlements of Raukokore and nearby Waihau Bay on the northern side of East Cape, just short of Cape Runaway on State Highway 35. Three events of some significance were underway:
(a)A large number of people were attending the tangi of a young woman who had been killed some days before.
(b)Some 250 people were attending the unveiling of the gravestone of a long-time resident and previous captain of the local Mongrel Mob chapter.
(c)Some 50 or more people were attending a local church for the wedding of a young couple with connections to the Tribesmen motorcycle gang.
The local Mongrel Mob gang pad is a short distance down the road from the Raukokore church, where the wedding took place. The reception was held approximately five kilometres further up the road, at the Waihau Bay Fishing Club.
Before the wedding began, a number of Mongrel Mob members and associates went to the church to intimidate the guests of the bridal party. At that point, there were no Tribesmen members in attendance.
By midday, affected by alcohol and drugs, members of the Mongrel Mob were impeding traffic on State Highway 35 as it went past their gang pad. At about 1 pm a group of approximately 12 patched Tribesmen gang members road past the pad on…
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- Taiapa v R [2019] NZCA 524
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- [2019] NZCA 524
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