Man who stole police car has appeal dismissed
A man who sparked a 50-officer search when he stole a police car and police guns has had his sentence appeal dismissed.
In August, 2019, Hori Irimana Gemmell stole a police car and two police glocks after a vehicle and foot pursuit in Gore.
Gemmell rammed police vehicles with his car and then a stolen squad car, before evading more than 50 police officers, including the Armed Offenders Squad, for about two days.
He pleaded guilty to two charges of unlawful possession of a pistol, unlawfully taking a motor vehicle, unlawfully possessing ammunition, two charges of theft for taking police firearms and a reckless driving charge.
Gemmell was sentenced to three years and one month’s imprisonment.
With a new lawyer, the key ground of Gemmell’s appeal was that a 42-month starting point for the theft and possession of firearms charges was manifestly excessive, Justice Rachel Dunningham said in a decision released this month.
Gemmell’s lawyer submitted the overall sentence starting point should have been 42 months.
One firearm was recovered quickly and Gemmell assisted with the recovery of the other, his lawyer submitted.
Justice Dunningham found that although the sentencing judge could have given some discount for assistance to police, aspects of the sentencing favoured Gemmell.
Justice Dunningham heard the appeal after the statutory timeframe had lapsed, however dismissed the High Court appeal.
About 11.50pm on August 14, 2019, Gemmell was subject of an arrest warrant when police pursued his vehicle with
flashing lights. During the pursuit Gemmell rammed the police car before getting out and running.
He led police officers around the back of a house, came back around to the front, got into the police car and despite an officer smashing the window and firing a taser, Gemmell drove away at speed with the lights and sirens still going.
He unlocked the firearms safe and took the glocks before escaping on foot.
Two days later Gemmell was found at a house in Te Tipua, west of Mataura, along with one of the pistols in a backpack, and a total of 26 rounds of 9mm ammunition.
With police present, Gemmell contacted the associate he had sold the other glock to for $1500, but the associate was unco-operative.
Police later recovered the pistol.