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Home / New Zealand

Former Rebels gang president Albert Enoka wins appeal against sentence over kidnapping incident

NZ Herald
9 Jun, 2018 04:25 AM3 mins to read

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Albert Enoka is a former Rebels gang president. Photo / File

Albert Enoka is a former Rebels gang president. Photo / File

A former Rebels gang president has successfully appealed a decade-long prison sentence he received for a methamphetamine-fuelled kidnapping incident.

Albert Enoka believed his girlfriend was cheating on him on February 15, 2015 when he invaded a Christchurch home and attacked its occupants.

He turned up to a man's house with gang prospect Lindsay Francis and demanded to know if he was having sex with his partner and why she had been at his house earlier that day, a Court of Appeal decision released this week reads.

He held a knife to the man's throat and punched him twice in the mouth, breaking his teeth and fracturing his jaw.

Enoka then threw the man and his flatmate onto a bed and threatened to stab them both.

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"At some point Mr Francis grabbed an ornamental machete off the wall and threatened both men with it," the decision said.

"He also held [the victim's] hand on a bedside table and told him he would cut it off with a katana he found at the house."

With Francis watching over the two victims, Enoka went through the house looking for money and items to steal.

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He then left in a car, kidnapping the victim's partner and taking their pet dog.

"As they were leaving, Mr Francis told [the flatmate] that if he called the police, he would burn the house down and kill him."

The kidnapped woman was held against her will overnight. The next morning they forced her to get back into the car, and drove around Christchurch and surrounding districts for several hours trying to find a motel.

They then left the victim with an associate and told him to keep an eye on her.

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Later, Enoka dropped off a bag to another woman he knew, who found meth and cannabis in it. The woman called police, and, fearful of how Enoka would react, fled to another house.

But Enoka tracked them down.

"When they drove off he followed them on foot. Shortly thereafter, a gunshot was heard. No one was injured."

Enoka later showed up at the associate's house, told Francis he had "started shooting", and the three people left the property, leaving the kidnapping victim alone.

She was able to escape with the pet dog, after having been detained for about 32 hours.

Following the incident, Enoka pleaded guilty to driving while disqualified, providing false details, unlawfully removing an impounded vehicle, possessing meth and cannabis for supply, and possessing a firearm.

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He pleaded not guilty to unlawful detainment, aggravated burglary, and wounding with intent to injure, but pleaded guilty to them just a few days before a scheduled trial.

In a High Court appearance, Enoka was sentenced to 10 years in prison. The sentence included a discount of 30 per cent, which took into account attempts Enoka made to address his offending, assistance he'd given to authorities on another case, and his guilty pleas.

He appealed the sentence, arguing the end sentence was manifestly excessive.

His lawyer said he had not been given enough credit for assisting authorities.

The Court of Appeal found the assistance he gave, details of which are suppressed, warranted a 30 per cent discount on its own, and that the inclusion of the other factors should have brought the total discount to 40 per cent.

It also found that an uplift in sentencing of 18 months for Enoka's extensive criminal record was excessive.

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The court agreed to reduce the uplift and increase the discount.

His new sentence is eight years and five months imprisonment.

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