On-the-run drunk criminal pointed gun at police, then fell over during traffic stop

Tama Rawhiti, pictured in 2012, was sentenced in the High Court at Whanganui on charges including using a firearm against police and unlawfully taking a car. Photo / Supplied

Convicted criminal Tama Rawhiti was drunk and on the run when he momentarily pointed a gun at a police constable.

He then fell over before getting back to his feet and stealing the officer's patrol car, complete with police guns inside.

Rawhiti had been released on parole in July 2019 but in August he removed his electronic monitoring bracelet and went on the run.

The 38-year-old had evaded arrest for six weeks, with the help of associates, when the car he was a backseat passenger in was pulled over for a random breath test in Ohakune on September 28, 2019.

Rawhiti, who had a sawn-off .22 calibre rifle, became agitated during the process and told the driver to drive away, which caused the constable to seize the vehicle's keys from the ignition.

Highly intoxicated, Rawhiti got out of the car with the rifle but had no control of himself and immediately fell over.

The two officers could not take advantage of Rawhiti's debilitated state having already fled the scene and taken cover.

Rawhiti and his associate then jumped into the police car, which contained firearms, but their getaway was short-lived after they crashed into a fence nearby.

He was arrested two days later and the .22 rifle along with ammunition was recovered.

Rawhiti appeared before Justice Cheryl Gwyn in the High Court at Whanganui for sentencing on charges of using a firearm against police, unlawful possession of a firearm, unlawfully taking a car, demanding with intent to steal, and unauthorised use of a communication device.

The summary of facts detailed how on the afternoon of September 16, 2019, Rawhiti and two associates followed a car into a car park believing it had been stolen from one of his associates.

The make and colour of the car matched the one stolen but the registration plate did not. However, this didn't stop the men from parking behind the victim's car blocking his escape.

"You then got out of your vehicle, approached the victim with a large knife and told the victim to get out of the car because it was, in fact, your car," Justice Gwyn said.

Fortunately the victim was able to drive off without injury but was shaken by the ordeal, she said.

The officers who encountered Rawhiti in Ohakune were also left with lasting memories detailed in their victim impact statements.

Tama Rawhiti appeared in the High Court at Whanganui for sentencing on charges including using a firearm against police, unlawful possession of a firearm, unlawfully taking a car. Photo / Bevan Conley

Justice Gwyn said one described fearing for his own life and the life of his workmate "and fearing that he would never return home to see his family and friends again".

One said it had changed the way she approached traffic stops.

"She describes the overwhelming worry she felt when you drove away with the patrol car with their firearms in it and the prospect of you returning to use those firearms against them."

After his arrest, Rawhiti, while in custody, was able to divert his authorised phone call to a third party.

He managed to get through to a person he believed had complained about drugs at his home and questioned the woman on the phone.

Justice Gwyn noted a Corrections report said Rawhiti had an extensive criminal history,
dating back to 2000 and that involved violence, dishonesty and non-compliance with court orders.

A cultural report gave some insight into Rawhiti's offending and made for painful reading, Justice Gwyn said.

"It details the violence you witnessed and were subjected to throughout your childhood,
at the hands of your family members - most notably your father - at school and at the
various youth justice facilities that were supposed to care for you."

Justice Gwyn said a report prepared by a psychologist also described Rawhiti's difficult childhood.

"The experiences you endured in childhood meant that you saw violence as a means to resolve conflict.

"The survival skills you needed during that difficult period have stayed with you and have contributed to your offending. But they are no longer needed."

She said Rawhiti wanted to change his ways and on release wanted to start a hairdressing and tattoo business in Ratana, where he had family support.

"You describe wanting a life where you can 'fish and hunt and watch rugby'."

Crown solicitor Michele Wilkinson-Smith submitted a starting point of imprisonment of between five years and four months and six years and two months, with a discount of between 5 and 10 per cent for Rawhiti's personal circumstances and guilty pleas.

Defence lawyer Jamie Waugh argued all of Rawhiti's offending was at the bottom end of the scale.

"The lead charge, of using a firearm against police involved no intentional pointing of the firearm, no active use of the firearm and no verbal threat to do so.

"The culpability involved could have been reflected in an unlawful possession of a firearm charge only."

Justice Gwyn agreed the offending was at the lower end of the scale.

"While I do not underestimate the impact it would have had on the constables to see an intoxicated man get out of the vehicle with a rifle in hand, I accept your explanation that the firearm was not for use against the police."

She jailed Rawhiti to a total of three years and one month on all charges except the unauthorised use of a communications device, on which he was convicted and discharged.