Jailed Tauranga gunman loses appeal

Police arrested Falakoa, pictured, on Marine Parade in 2014. Photo: File.

A man sentenced to 13 years in prison after an armed chase through Tauranga has had his appeal denied.

Donny Falakoa was jailed in 2015 after being arrested on a number of charges including confronting members of the public at gunpoint and an attempted carjacking.

In releasing its decision this week, the Supreme Court said: 'we are conscious that the sentence imposed was severe".

"But, having regard to the considerations just mentioned, we have reached the view that the proposed appeal raises no issue of public or general importance and there is no appearance of a miscarriage of justice.”

Falakoa was arrested in 2014 and charged with aggravated robbery, assault with intent to rob, receiving stolen property, dangerous driving, unlawfully getting into a motor vehicle, aggravated assault, intentional damage, using a firearm against a police officer, theft of a motor vehicle, reckless discharge of a firearm and conversion of a motor vehicle.

The charges stem from a police chase that began in Whakamarama, following a driving complaint near Katikati at 8.45pm, and ended in Mount Maunganui on July 30, 2014.

During the chase, Falakoa shot at a police officer after allegedly crashing a car at Baypark roundabout.

Police earlier said at least three members of the public were confronted at gunpoint as the alleged gunman attempted to carjack a vehicle.

Falakoa is also accused of carjacking a vehicle from a worker at a commercial building on Truman Lane. Read more about the experience of Tasman Aluminium worker Nigel Baker here.

Police say Falakoa drove the vehicle along the expressway and, at some point, a fire extinguisher was thrown out the window.

The vehicle was spiked and the officer deploying the spikes had to take action to avoid being struck by the vehicle.

Police then lost sight of the vehicle, but a second pursuit ensued 40 minutes later when the car was spotted near the Maungatapu Bridge.

The chase took officers to Marine Parade, where police say a firearm was presented out of the driver's window before falling to the ground.

The vehicle came to a stop a short time later and Falakoa was arrested near Tay Street.

In a statement released this week, the Supreme Court of New Zealand dismissed Falakoa's application for leave to appeal his sentence.

'In his submissions, the applicant maintains that the overall sentence was excessive and complains that no discrete allowance was given for his mental health issues and remorse.

'The starting point adopted by the Judge was not challenged in the Court of Appeal. So we do not have the advantage of that Court's consideration of the issue,” says the court.

Falakoa also sought to challenge his conviction for using a firearm against a police officer. This charge was laid under s 198A(1) of the Crimes Act 1961.

He contends that he should have been prosecuted under s 198A(2) which carries a lower maximum penalty.

'On our review of the summary of facts, we are of the view that the charge in issue was appropriately laid under the former subsection.

'We note as well the applicant did not appeal to the Court of Appeal against his conviction on this charge and he has advanced nothing to suggest that there are exceptional circumstances of the kind which would warrant granting leave to appeal direct to this Court.

'Accordingly, the application for leave to appeal is dismissed.”

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