R v FARIMOND POPATA-EDWARDSON [2019] NZHC 1342

R v FARIMOND POPATA-EDWARDSON [2019] NZHC 1342

The appropriate starting point is four years three months imprisonment based on the defendant's culpability comparable to a co-offender who removed a firearm but did not discharge it; a five-month discount is applied for prior attempts to resolve charges via a sentence indication, producing an effective concurrent sentence of three years ten months imprisonment.

Citation
[2019] NZHC 1342
Parties
Crown: The Queen; Defendant: Farimond Popata-Edwardson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 June 2019
Procedural Posture
Criminal Jury Conviction / Sentencing (post Conviction)
Outcome
Defendant sentenced following jury conviction; effective sentence of three years ten months imprisonment to be served concurrently.
Legal Topics
Rioting, Participating in an Organised Criminal Group, Use of a Firearm Against Law Enforcement, Reckless Discharge of a Firearm, Unlawful Possession of a Firearm, Sentencing Starting Point, Mitigation for Sentence Indication
Criminal Law Firearms Law Gang Offences Sentencing Law Rioting Participating in an Organised Criminal Group Use of a Firearm Against Law Enforcement Reckless Discharge of a Firearm +3 more

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Parties

The Queen

Crown

Farimond Popata-Edwardson

Defendant

Procedural Posture

Criminal Jury Conviction / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentencing starting point given varying culpability among co-offenders
  2. 2 Whether defendant's conduct attracts a lesser starting point than co-offenders who brandished or discharged firearms
  3. 3 Application of credit for steps taken to resolve charges prior to trial (sentence indication)

Ratio Decidendi

The appropriate starting point is four years three months imprisonment based on the defendant's culpability comparable to a co-offender who removed a firearm but did not discharge it; a five-month discount is applied for prior attempts to resolve charges via a sentence indication, producing an effective concurrent sentence of three years ten months imprisonment.

Court Disposition

Defendant sentenced following jury conviction; effective sentence of three years ten months imprisonment to be served concurrently.

Orders

  • Participating in an unlawful criminal group (Crimes Act s98A): 3 years 10 months imprisonment
  • Rioting (Crimes Act ss87 and 66): 9 months imprisonment