NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Christchurch drive-by shooters denied retrial

Hazel Osborne
By Hazel Osborne
Open Justice multimedia journalist, Wellington ·NZ Herald·
28 Aug, 2022 11:06 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Andrej Michael Schwaab and Joshua James MacKay were sentenced for the drive-by shooting in December last year. Photo / 123RF

Andrej Michael Schwaab and Joshua James MacKay were sentenced for the drive-by shooting in December last year. Photo / 123RF

Two men who hospitalised a member of the public in a drive-by shooting have been denied a retrial despite their claims they only meant to scare the man.

Andrej Michael Schwaab and Joshua James MacKay said the bullets fired from the car that day in 2020 were never intended to harm the victim, Caleb Wihongi.

Both men appealed their convictions, and MacKay his sentence, in July at the Court of Appeal in Wellington.

In the decision released last week, Mackay was declined his conviction appeal on the charge of attempted murder, but was acquitted of the charge of unlawfully possessing a firearm.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Schwaab was also declined an acquittal on the charge of attempted murder.

The pair were sentenced in December last year; Schwaab to six years and seven months imprisonment and MacKay to four years and five months.

On September 19, 2020, Schwaab visited Mackay at his house. When there he took out a gun to fire at a target in the backyard.

Another friend put the gun in a metal box and placed it in the footwell of MacKay's car.

Advertisement
Advertise with NZME.

The three men travelled to Schwaab's home in MacKay's car. His parking outside would be the trigger for a near-fatal argument.

When the group started to leave about two hours later, Schwaab got into an argument with an elderly neighbour over the way MacKay had parked.

Schwaab then punched the neighbour. MacKay and the third friend were waiting in the car nearby when Schwaab got in the back seat.

Wihongi, who witnessed the punch, approached the neighbour, concerned about the language that was being used when children were playing at a nearby park.

CCTV footage captured what happened next.

It showed the vehicle, driven by MacKay, veering across the centre line towards Wihongi, slowing down, and as it went past Schwaab fired four shots through the rear window.

None of these shots hit Wihongi, however the car then came back and four more shots were fired.

Wihongi was shot three times and needed surgery for his wounds. His arm was shattered and bullets had also struck his back and hip.

Defence lawyer Andrew Mckenzie, representing Schwaab, said at the appeal hearing last month his client never intended to harm his victim, only to scare him.

After the incident, all three men in the car were charged with attempted murder, wounding with intent to cause grievous bodily harm and unlawfully possessing a firearm.

Advertisement
Advertise with NZME.

The Crown withdrew the charges against the third man, however MacKay's lawyer Nicholas Chisnall argued this was unfair and resulted in a miscarriage of justice.

The court disagreed with this, and said the decision "could not have had any effect on the outcome of the trial".

Chisnall said to do justice in the case, the alleged third party should give evidence in court.

Complicated court restrictions mean the third person, who was allegedly in the car with Schwaab and Mackay, will not opt to participate in any sort of retrial, according to the Crown.

Crown prosecutor Mark Lillico said the men's lawyers were seeking a retrial, and the sought-after affidavit of the alleged third man in the car wouldn't offer anything new if the matter was to come back before a jury.

Lillico said the "remedy" they sought was hollow and unachievable and argued that the discounts applied to their sentences were on the higher end given their lack of remorse.

Advertisement
Advertise with NZME.

Although there was potential for a new trial, the Court of Appeal said there was no "utility" in directing one on the firearm charges alone.

It ruled there would be no retrial.

Save

    Share this article

Latest from New Zealand

New Zealand

Cheap food boxes in Hawke’s Bay, if you attend cooking and growing workshops

22 Jun 10:12 PM
New ZealandUpdated

The Hawke's Bay disability fitness programme making national waves

22 Jun 09:48 PM
New Zealand

PM open to scrapping regional councils amid RMA reform

Help for those helping hardest-hit

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Cheap food boxes in Hawke’s Bay, if you attend cooking and growing workshops

Cheap food boxes in Hawke’s Bay, if you attend cooking and growing workshops

22 Jun 10:12 PM

Mai Kai is an initiative dedicated to strengthening food systems in Hawke’s Bay.

The Hawke's Bay disability fitness programme making national waves

The Hawke's Bay disability fitness programme making national waves

22 Jun 09:48 PM
PM open to scrapping regional councils amid RMA reform

PM open to scrapping regional councils amid RMA reform

NZ Herald comments: The stories open for discussion today

NZ Herald comments: The stories open for discussion today

22 Jun 08:54 PM
How a Timaru mum of three budding chefs stretched her grocery shop
sponsored

How a Timaru mum of three budding chefs stretched her grocery shop

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP