KEY POINTS:
An armed man who led police on a major manhunt through north Waikato bush after a fatal shooting has had his jail term reduced by the Court of Appeal.
Kim Bruce Smith was jailed for eight years after pleading guilty to attempting and conspiring to defeat the course
of justice, multiple charges of unlawfully possessing firearms, ammunition and explosives, and drug possession charges.
In February 2004, Smith was sergeant-at-arms of Hamilton motorcycle gang The Outcasts.
Members of the armed offenders squad executed a search warrant on his property, which was fortified with steel bars over the windows and doors with security sensors and surveillance cameras.
Police found a cache of firearms, weapons and ammunition, including firearms.
Smith was charged and granted bail.
In November 2004 he was arrested in relation to a Northland robbery. He was again granted bail.
The Crown successfully appealed Smith's bail and the High Court issued a warrant for his arrest.
Smith failed to appear in court on two subsequent occasions and further warrants were issued.
Smith then began living on a remote property near Ngaruawahia during which time another occupant Tribesman gang member Dwayne Andre Wilson was fatally shot.
The circumstances of the shooting remain unclear and no one was charged over the death.
Smith left the scene with the firearm that was used to shoot Mr Wilson resulting in him being charged with wilfully attempting to defeat the course of justice.
He then moved to a remote hut near Port Waikato, moving again when he saw a police team searching the area.
When he was eventually caught in August 2005 police located a quantity of drugs and drug related implements.
Smith's lawyer appealed his client's sentence on the grounds it was manifestly excessive and there was a disparity with the sentence imposed on a co-offender.
Justice John Hansen said the Court of Appeal found the sentencing judge failed to sufficiently take into account the fact that although there was the potential to use the firearms, they were never presented at the police or the public.
"The appellant on at least two occasions went out of his way to draw the attention of the police to the relevant firearms."
It was also significant that Smith did not offend against the public in any way while he was on the run, Justice Hansen said.
The court reduced his sentence to seven years imprisonment.
- NZPA
