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R v Baker [2018] NZDC 8440

Published 18 July 2019

Perverting the course of justice — threatening and intimidating a witness — gang intimidation — use of a firearm — denunciation and deterrence — R v Hillman [2005] 2 NZLR 681 (CA) — McQuilken v R [2017] NZCA 283 — Miller v R [2014] NZCA 382 — R v Potter [2015] NZCA 25 — Arms Act 1983 — Crimes Act 1961. The three defendants appeared for sentencing following pleading guilty, mid-trial, on charges of attempting to pervert the course of justice. The second defendant also pleaded guilty to a further charge under the Arms Act. The offending occurred when the three defendants travelled to the property of a victim of assault with the intention of dissuading her from prosecuting her complaint. The victim was not present at the property, but the victim's brother and a number of young children were. The brother was confronted by defendants, with one of the defendants pointing a firearm at him and demanding that he tell his sister to drop the charges. The Court noted the prevalence of attempts by local gangs to intimidate and threaten witnesses, reminding the defendants that such conduct is not tolerated by the Court. After consideration of the case law submitted to the Court, a starting point of 3 years and nine months for the lead charges of attempting to pervert the course of justice was adopted. The starting point for the defendant facing the Arms Act charges was adjusted upwards by 9 months. Aggravating features of the offending were identified as previous convictions, premeditation, gang intimidation, and the presence of very young children. In relation to mitigating factors, discounts were given for some degree of remorse, personal circumstances and the guilty pleas (noting that the guilty pleas were only given after the witness had gone through the ordeal of giving evidence). On the charges of attempting to pervert the course of justice the first defendant was sentenced to 3 years and 8 months' imprisonment, the third defendant was sentenced to 3 years and 9 months' imprisonment and the second defendant was sentenced to 4 years' imprisonment, with 12 months to be served concurrently for the Arms Act offending. Judgment Date: 27 April 2018.