Tauranga crime spree offender Donny Falakoa's jail sentence appeal denied

Donny Falakoa's application to the Supreme Court for leave to appeal his jail sentence has been dismissed. Photo / File

The Supreme Court has rejected an application for leave to appeal by a man jailed for more than 13 years after he left a trail of traumatised victims in Tauranga.

Donny Falakoa was jailed for 13-and-half years on October 15, 2015, for a slew of offences in July 2014 in Tauranga and a crime spree during the previous six months.

Over that six months, Falakoa committed several serious offences, starting with aggravated robbery of a business during which the occupants were threatened and assaulted.

He then stole a vehicle and led police on a high-speed chase on July 30, 2014, after a driving complaint on State Highway 2 near Katikati, and deliberately rammed a
police car twice and injuring a person.

Falakoa was eventually arrested after another police chase through the streets of suburban Tauranga, during which he fired shots at police while fleeing at 160 km/h.

Judge Charles Blackie, who imposed a 13-and-half-year jail sentence with a minimum non-parole period of half that term, said Falakoa's offending had "left a trail of
of traumatised victims" in his wake.

Falakoa appealed his sentence on the grounds that the discounts allowed by Judge Blackie for his guilty pleas, mental health issues and remorse were "inadequate".

During an earlier Court of Appeal hearing, Falakoa's legal counsel argued a discount of 30 per cent rather than the 25 per cent should have been allowed.

The Court of Appeal disagreed saying 30 per cent "could well be seen as unduly lenient".

Falakoa has continued to argue his overall sentence was "excessive", and complained discounts should have been given for his mental health issues and remorse.

The Supreme Court disagreed.

"We are conscious that the sentence imposed was severe ... We have reached the view that the proposed appeal raises no issues of public or general importance and there is no appearance of a miscarriage of justice," the judgment said.

Falakoa also challenged his conviction for using a firearm against a police officer.

He argued that he should have been prosecuted until a different subsection of the Crimes Act which had a lower maximum penalty.

The Supreme Court rejected the submission.

Falakoa had also not advanced anything to suggest there were exceptional circumstances to warrant granting him leave to appeal directly to the court, the ruling said.

His application for leave to appeal was dismissed.