Gangster’s jail time cut

A Taranaki gangster involved in shooting up a rival gang’s pad and other violence charges, involving firearms, has had his jail sentence reduced by the Court of Appeal.

In July, Tyson Disraeli Hutchinson was jailed for five years and four months after pleading guilty to a range of charges including participating in an organised criminal group, possession of a firearm, commission of crime with a firearm, discharge of a firearm with reckless disregard and assault.

The charges arose from incidents in March last year when Hutchinson, an 19-year-old member of the Uru Taha gang, offended with another gang member Anthony Joel Heke, and in October last year when he acted alone.

On March 29 the pair were involved with shooting at a house on Omata Rd, Marfell, and Hutchinson later buried the shotgun used in the attack.

Later that day Heke became agitated by another person and ordered Hutchinson to retrieve the firearm. The victim was shot in the arm causing significant injuries. Hutchinson again disposed of the weapon.

Two days later, on March 31, Hutchinson repeatedly punched a man in the head while Heke held him at gun point. They believed the victim had narked on them to police about shooting the victim in the arm.

In October, Hutchinson stole a car and fired a number of shots into the Mongrel Mob gang pad. He later smashed into a concrete fence after being chased by police.

Hutchinson appealed his sentence on the grounds the starting point was outside the available range, an uplift for the October offending was outside available range, and he was given insufficient credit for his personal mitigating factors.

Defence lawyer Nathan Bourke submitted the judge’s overly mechanistic and arithmetical approach resulted in a manifestly excessive starting point.

Bourke also claimed while shooting at the Mongrel Mob pad in October was inherently dangerous, Hutchinson’s actions were unsophisticated and illconceived, noting that there was no evidence any occupants were visible to him either inside or outside the premises.

He also submitted Hutchinson should have been given more discount for his youth and matters identified in a cultural report.

Catherine Ure, appearing for the Crown, noted the judge faced a difficult task when considering a discount for youth as the latter offending was arguably the worst.

‘‘That offending was not impulsive, nor did it bear the hallmarks of youthful indiscretion.’’

Justice Brendan Brown said the court considered a further discount of approximately six months was warranted and reduced the jail sentence imposed from five years and four months to one of four years and 10 months.