Home detention was off the cards: An appeal found it to be the best course of action

The High Court of Wellington. Photo / File

A former gang member jailed for shooting at a group of men who assaulted him outside a pub will now serve his sentence at home after a judge found he should be on home detention, not in prison.

Romeo Stormy Martin's defence lawyers advocated for home detention last year but he was instead jailed for two years in November 2021.

At the time of Martin's sentencing, Judge Bruce Northwood said protecting the community from Martin was priority.

However, his lawyers argued his case at the High Court in Wellington, saying he had made good progress before the sentencing and should be allowed to serve his time at home.

The application of appeal claimed deterrence was given complete priority during Martin's sentencing without regard for the positive progress he had made since his offending in 2020.

The court heard Martin hadn't touched a drop of alcohol since the night of his offending and that the substance was a key contributor to both the events that unfolded and his previous criminal history.

Martin was given a second strike under the three strikes act and ordered to serve the entirety of his sentence behind bars.

Crown prosecution defended the ruling of Judge Northwood, claiming the seriousness of the offending warranted a sentence of imprisonment and that all mitigating factors were considered by the judge at sentencing.

Justice Andru Isac disagreed and said it had been an error to conclude that home detention was not appropriate in Martin's case.

Martin's appeal for home detention was allowed by Justice Isac, and the Palmerston North shearer will now serve nine months from his home in the Manawatū.

Justice Isac said there were two factors that led him to conclude the Judge's assessment failed to reflect the appropriateness of home detention, including Martin's commitment to change, rehabilitation and compliance while on electronically monitored bail for a year.

The summary of facts said the offending was the result of a confrontation between Martin and his victims when he was assaulted outside of a local pub in July 2020.

He threatened the group, stating he would return with a gun.

Collecting his .22 rifle, Martin confronted two group members at the local skate park, firing two rounds at the pair who were in a car located 50m away.

Leaving the scene, the two collected a third group member and travelled in convoy to confront Martin at his home address.

Upon arrival, Martin came outside with the rifle, firing another round which hit one of the doors of one of the vehicles. He aimed the gun at the second vehicle after which the group left the scene.

Justice Isac said it was accepted by the District Court Judge at the time that the group was behaving in a menacing way and the actions of Martin were premeditated.