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

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • 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
  • 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
    • 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
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • 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

Auckland motorway road rage shooter's jail term thrown out, gets home detention instead

NZ Herald
3 Oct, 2021 09:22 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

Auckland's Southwestern Motorway, where a man and his brother chased a couple with young children before shooting at the car. Photo / Google

Auckland's Southwestern Motorway, where a man and his brother chased a couple with young children before shooting at the car. Photo / Google

A road rager who pursued a young family for 10 minutes before shooting at the family's car has had his jail sentence thrown out.

Dekota Chase Simpson will instead serve a sentence of home detention after a jail sentence imposed at Manukau District Court was quashed.

On May 10 last year, Simpson and his brother were driving along South Auckland's Roscommon Rd in Wiri.

A newly-published High Court decision showed Simpson was driving and his brother was in the front passenger seat.

An adult couple were in another car with two children, aged 12 and 13.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

"They pulled out of a service station and on to a connecting road when Mr Simpson's car sped up close behind them." Justice Ian Gault said in the new High Court judgment.

The couple moved into the right-hand lane so Simpson could pass them.

"Annoyed at Mr Simpson's driving, the adult male victim showed his middle finger to them and yelled 'f*** you' as Mr Simpson pulled into a service station on Roscommon Rd," the judge added.

Advertisement
Advertise with NZME.

In response, Simpson pointed his hands at the victims and made gun gestures. His brother got a shotgun from the back seat and assembled it.

The couple with children drove away and got on the Southwestern Motorway (SH20), heading north.

Simpson and his brother changed seats and Simpson retrieved a guitar bag with another shotgun and ammunition.

Justice Gault said Simpson and his brother caught up to the victims about 10 minutes later, yelling as Simpson waved around the shotgun.

"He then leaned out of the front passenger window of the car with the shotgun all the way out of the window and pointed it at the adult victims."

He fired a shot, striking the front bumper of the victims' car.

Police later found Simpson, and 39 live shotgun rounds, a 9mm pistol round, and 10 spent shotgun cartridges in his room.

Police found two shotguns that had been in the car, and clothing Simpson had worn, at Whatipu Beach on Auckland's west coast.

Simpson was 21 at the time and his brother was 24.

Simpson pleaded guilty to intentional damage with a firearm, unlawful possession of a firearm, and unlawful possession of explosives.

Advertisement
Advertise with NZME.

At Manukau District Court, Judge Mina Wharepouri said the shooting posed significant danger to the victims and other road users.

He sentenced Simpson to 19 months' jail but Simpson's brother got home detention.

Simpson appealed, saying his jail sentence was not the least restrictive outcome in the circumstances and he also should have received home detention.

The court heard Simpson bought the shotgun after being victimised in a home invasion.

Simpson claimed the victims' vehicle inappropriately moved into his lane, and said he never meant to pull the trigger, but only planned to scare the victims.

Simpson's lawyer Ina Stewart said the district court gave excessive weight to the fact Simpson wielded the firearm during the offending.

Advertisement
Advertise with NZME.

She also said Judge Wharepouri was wrong to find a home detention sentence would not adequately meet principles of deterring Simpson and denouncing his behaviour.

Stewart also said home detention could remove the harmful impacts of imprisonment on young first-time offenders.

Crown prosecutor Milan Djurich said Judge Wharepouri already considered Simpson's youth and lack of previous convictions, and his personal circumstances.

Justice Gault said Judge Wharepouri did not fail to consider principles other than denunciation and deterrence.

But he said the district court judge gave too much priority, when sentencing the brothers, to the fact Dekota Simpson fired the shot.

"In the circumstances, and having regard to the further evidence on appeal, I consider that was an error," he said.

Advertisement
Advertise with NZME.

"The actions of Mr Simpson and his brother put the victims and public in considerable danger, and had significant victim impact," Justice Gault added.

"But the Judge accepted that Mr Simpson did not intend to hurt the victims. The lead charge was commission of intentional damage."

Justice Gault said Simpson's firing of the shot was not the only relevant factor, but there was a marked difference in sentences for the Simpson brothers.

"The further evidence on appeal adds weight to the importance of Mr Simpson's rehabilitation and reintegration, and of avoiding imprisonment as far as possible."

He said 19 months' imprisonment was manifestly excessive.

"A sentence of home detention also better reflects parity between Mr Simpson and his brother."

Advertisement
Advertise with NZME.

The jail term was quashed and replaced with a sentence of seven months' home detention.

Save

    Share this article

Latest from New Zealand

New Zealand

Watch: Major highway blocked by slip, Auckland flights delayed as intense storm strikes

09 May 08:09 AM
Crime

Man's 11-day crime spree targets police by spitting and threatening to kill staff

09 May 08:00 AM
New Zealand

Auckland War Memorial Museum closed to public after asbestos discovery

09 May 07:49 AM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Watch: Major highway blocked by slip, Auckland flights delayed as intense storm strikes

Watch: Major highway blocked by slip, Auckland flights delayed as intense storm strikes

09 May 08:09 AM

Motorists are being warned to expect hazardous driving conditions.

Man's 11-day crime spree targets police by spitting and threatening to kill staff

Man's 11-day crime spree targets police by spitting and threatening to kill staff

09 May 08:00 AM
Auckland War Memorial Museum closed to public after asbestos discovery

Auckland War Memorial Museum closed to public after asbestos discovery

09 May 07:49 AM
'We've had enough': Red Square protest opposes pay equity changes

'We've had enough': Red Square protest opposes pay equity changes

09 May 07:21 AM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

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
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • 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