Poacher’s jail appeal quashed

A Kawerau man jailed for his part in poaching more than 40 trout has failed in his bid to be released to serve his time at home.

Thomas Tawha, 42, was convicted of poaching 49 trout from a spawning ground in a stream leading into Lake Rotoiti, Rotorua, and jailed for a year in April.


Eastern Fish & Game staff and police caught Thomas Tawha and David Leef with 29 trout in July, including 15 mature spawning females. Photo: Fish & Game.

In an effort to have his sentence reduced to home detention, he went to the High Court in Rotorua, arguing the sentence was too harsh, reports TV One.

Penalties for poaching fish during winter spawning season range from a maximum of two years’ jail or fines of up to $100,000.

In his decision released today, Justice Simon Moore agreed 12 months was too high and he reduced Tawha’s jail time to six months.

However, he refused to allow him to then be considered for home detention.

Tawha did not appear to be sorry for the poaching and the crime could have a destructive effect on the fishery, says Justice Moore.

Poachers must expect to go to prison when they are caught, he adds.

Justice Moore says Tawha’s case was not helped by a “well demonstrated history of non-compliance with various court orders”.

Initially, Tawha had refused to recognise the district court, claiming he was a “sovereign being”.

Tawha and co-accused David Pake Leef, 35, of Te Teko, were found guilty last November of poaching as many as 60 spawning trout from a stream near Lake Rotiti.

Back in November, Judge James Weir rejected the pairs’ attempt to refuse the court’s jurisdiction and claim customary rights to take the fish, and said these rights did not apply to trout as an introduced species.

More than half of the freshly-killed trout were mature spawning females, with wild fish making up the majority of the haul.

Eastern Fish & Game Manager Andy Garrick at the time said this was some of the worst poaching that officers have dealt with in more than a decade.


3 Comments

Isn't it warming

Posted on 27-05-2015 17:46 | By How about this view!

To see our justice system being somewhat consistent occasionally. It would have been even more encouraging to have witnessed the original sentence being re-instated following a failed appeal. Maybe it is just a case of our legal professionals topping up their incomes through the legal-aid funds?

Overit

Posted on 27-05-2015 13:22 | By overit

He was lucky he wasn’t fined. Whatever the prison sentence, the taxpayer will pick up the tab. ’Sovereign being’ - one lucky ’thief’.

What - not again???

Posted on 27-05-2015 10:04 | By penguin

How on earth can it be construed that the (

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