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An Auckland officer who was caught drink-driving then snuck into a police station to destroy his own evidential blood samples has been sentenced to eight months home detention.
Bo Wang, 33, was a police officer of four years’ experience, who earlier worked in a drink-driving prevention team.
He has nowresigned from the police and has found new employment, his lawyer Todd Simmonds told Judge Maria Pecotic at Wang’s sentencing at the Waitākere District Court this morning.
Early in the court process he admitted charges of burglary and wilfully attempting to pervert the course of justice following what Simmonds described as “brain explosion” after he was caught drink-driving in central Auckland after a visit to a karaoke bar on July 24.
Bo Wang, 33, who was caught drink-driving, then snuck into a police station to destroy his own evidential blood samples. Today he has been sentenced. Photo / George Block
He used a colleague’s swipe card to access the Harbour Bridge police station to burgle his blood samples then take them home and tip them down the toilet, meaning drink-driving charges could not be brought against him. Wang quickly admitted his offending when it was uncovered by his former colleagues.
Judge Pecotic sentenced Wang to eight months’ home detention, taking into account his early guilty plea and letters of support for his good character.
“I accept that you panicked and your actions clearly show this. I also accept that this offending was completely out of character for you, and the consequences you have suffered as a result.”
Crown prosecutor Matt Nathan sought a term of two to three years’ imprisonment for the charge of wilfully attempting to pervert the course of justice, with another year added on for the burglary charge.
“Charges of attempting to pervert the course of justice are taken very seriously by the court and the community because they strike at the heart of the justice system,” Nathan said.
The Crown said no discount should be applied for good character because Wang used his position as a police officer and good standing in the community to try to pervert the course of justice.
“It’s the exploitation of that good faith placed in him, the exploitation of the trust placed in his occupation, all of which stems from that prior good character,” Nathan said.
“The breach of trust is the aggravating factor.”
Simmonds said his client was deeply remorseful.
“Through me, he sincerely apologises to the court for his conduct, and he sincerely apologises to his former police colleagues for what he has done.
“It’s conduct that he is ashamed of. And it is conduct that he will carry with him, and regret, for the rest of his days.”
Simmonds said there was an element of premeditation in what had happened, but it was not premeditation “in the usual sense”.
“This can be seen as something of a brain explosion on his part,” Simmonds said.
“This is hare-brained, it’s not properly thought through.”
Simmonds sought a significant 35 to 40 per cent discount on his sentence for remorse, good character and the steps Wang had taken since he was charged, including undertaking a course.
The discount Simmonds sought would take the sentence under two years’ imprisonment, into the range where home detention is an option for judges.
“Your Honour has before you here this morning fundamentally a good young man. He’s done a terrible thing, he acknowledges that.
“But he is known to be a good person, a good father, a good husband, a good worker and a good police officer, which makes what happened on the night all the more tragic and hard to understand.”
Judge Pecotic said there was a “moderate to high” degree of planning in Wang’s offending.
“You abused your position as a police officer, you fooled your colleagues.
“Your actions could have caused issues for other blood samples that were present.”
Judge Pecotic said Wang’s actions had the potential to erode public confidence in the police.
The officer did not want to talk when approached by the Herald at home shortly after he was charged. Photo / Dean Purcell
The judge adopted a starting point of two and a half years for the perverting justice charge, uplifted by six months for burglary.
Judge Pecotic then applied a discount of 25 per cent for the guilty plea and the genuine remorse. A further discount was applied for his personal circumstances. Wang is the sole breadwinner for his young family and had several letters of support speaking of his remorse and good character.
“Your four and a half years as a police officer has now ended due to the seriousness of stupid decisions you made on the 24th of July.
“You have experienced emotional and mental turmoil.”
The discounts took the sentence to within the range for a community-based sentence. Judge Pecotic sentenced him to eight months’ home detention. The address of his home is permanently suppressed.
Shortly after midnight on July 24, the police officer of four years’ experience was driving an Audi hatchback on Quay St in the central city, according to a police summary of facts released to the Herald.
He came upon a breath-testing checkpoint where he blew 501mcg of alcohol per litre of breath, double the legal limit.
He gave an evidential blood sample and was forbidden to drive for 12 hours by a constable.
A friend then drove him home to West Auckland.
Having previously worked with an Impairment Prevention Team based at the Harbour Bridge patrol base on the North Shore, Wang knew exactly where his blood samples would be kept.
In doing so, he traded an offence carrying a maximum prison term of three months or a $4500 fine for the crimes of burglary and perverting the course of justice, with possible terms of 10 and seven years respectively.
Wang told police he did it because he “felt ashamed for having driven with excess alcohol and he had dishonoured himself”, the summary said.
“He had been drinking alcohol and acted without thinking.”
He pleaded guilty early in the court process to perverting the course of justice, burglary and driving while forbidden.
