Father, son appeal against sentences

A father and son jailed for their involvement in a shoot-out near Rotorua 18 months ago appealed a conviction and their sentences in the High Court at Auckland today.

Hareopa Katene, 49, was sentenced in the High Court at Rotorua in April to a total of four years eight months in jail, and Eria Katene, 23, to two years four months, for their part in a violent incident at Hauparu Bay on Lake Rotoiti, in September 2008.

In court today counsel for Hareopa Katene appealed against his conviction and sentence while the lawyer for his son Eria Katene appealed against his sentence only.

Katene Snr was convicted of discharging a firearm with intent to cause grievous bodily harm, recklessly discharging a firearm and unlawfully possessing a firearm.

Katene Jnr was convicted of unlawfully discharging a firearm with intent to cause grievous bodily harm, and unlawfully possessing a firearm.

Andrew Schulze, representing Hareopa Katene, said the shooting was "amateurish" and nobody was hurt.

"It's clear from the evidence at depositions and the trial that none of the shots were particularly well directed," he said.

The grounds of his appeal were that the starting point of the sentence was wrong and insufficient discount was given.

John Bergseng, for Eria Katene, said the offending took place in the context of an ongoing family dispute which had escalated that day.

"The degree of planning may not seem as thorough as it appeared," he said.

Mr Bergseng also argued that the starting point of the sentence was wrong and a greater discount more than six months should have been given.

"He's a young man who has clearly been under the influence of his father while growing up. Apart from this incident, he has managed to stay out of trouble. He is in full-time employment and is at a low risk of re-offending," Mr Bergseng said.

Crown prosecutor Mathew Downs told the court the overall sentence was not grossly inappropriate in light of the offending and its seriousness.

"Truly serious offending warrants a truly serious response, particularly when you consider the need for public protection," Mr Downs said.

Hareopa Katene committed the offending while on bail for another crime involving a firearm and Eria Katene had knowledge his father would act with intent, Mr Downs added.

Hareopa Katene is already serving a 7-year sentence for other violent crimes, including aggravated robbery. His sentence for the Hauparu Bay offending is cumulative on that term.

During sentencing in April, Justice Geoffrey Venning noted Eria Katene had played a lesser role but had supported his father in what was essentially a home invasion.

He had been armed with a .22 rifle, a more powerful 308, ammunition and other weapons including a boning knife and baton.

Hareopa Katene had been badly injured in the confrontation, suffering a broken back when Alec Tuhoro drove into him after being shot at by the Katenes.

Although the cause of the dispute had never been made clear, it was among family members. Mr Tuhoro's wife is Hareopa Katene's sister.

Justices Grant Hammond, Lester Chisholm and Pamela Andrews reserved their decision.

- NZPA