Lennox Wetini-Clarke, 21, was sentenced in the Whakatāne District Court on Wednesday. Photo / File
A man has been jailed after firing five shots at a house, hitting another man in the head.
The judge said a prison sentence was required to send a message to gangs using people to do their dirty work.
Lennox Wetini-Clarke, 21, was sentenced in the Whakatāne District Court on Wednesday to three years and four months in prison for charges of wounding with reckless disregard and discharging a firearm with intent to intimidate.
The court heard that the Rotorua man was associated with people connected to the Black Power gang.
On the evening of December 13, 2023, another person went to a Matirerau St property in Wairaka, known to be occupied by Mongrel Mob associates, and they had what Judge Thomas Ingram described as an “exchange of opinions”.
Just before 10pm, Wetini-Clarke got into a vehicle that the other person was driving. The defendant was in the rear passenger seat behind the driver.
In the vehicle there was a rifle that Wetini-Clarke picked up. As they drove slowly past the same address the driver had been to earlier, another person in the car told him to shoot at the house.
The judge said the blinds were drawn and the lights were on.
Wetini-Clarke fired five shots towards the windows, about 15-20 metres away, appearing to use all of the ammunition.
The shots struck the dwelling, one of them breaking a bedroom window and hitting an occupant in the forehead.
Judge Ingram said the bullet lodged in the victim’s skull. It required surgery to remove. The victim experienced no ongoing physical effects but suffered from memory loss and cognitive issues.
The shooting was captured on video by another person in the vehicle.
Wetini-Clarke initially denied being the person in the video but changed his plea earlier this year.
The offending was described by police as gang warfare and premeditated.
Defence lawyer Kylee O’Connor said the victim was not associated with gangs and although the offending was gang-related, it was not gang warfare.
She said Wetini-Clarke did not know what was intended when he got into the vehicle that night, and was unaware of the earlier altercation.
Rather, he thought they were going to buy some alcohol and keep drinking after being at a tangi.
O’Connor said the defendant got into the car, saw the firearm, picked it up and a short time later – a matter of seconds – he was instructed to aim it at the windows.
The judge said based on the evidence, he had to conclude that it was gang behaviour involving Black Power and Mongrel Mob, and Wetini-Clarke was prepared to be a part of it.
He said if the defendant did not want to do as he was instructed, he should have put the gun down.
The lawyer referred to the prosecution’s written submissions that the view from the street was clear and the movement of occupants inside the address was obvious.
O’Connor disagreed and said that lights being on at night did not necessarily mean anyone was inside.
Judge Ingram said the defendant knew full well there was a risk of causing severe injury or death to anyone inside the address.
Wetini-Clarke was on bail before the sentencing this week, and a sentence of home detention was sought.
During his time on remand, the defendant gained employment through a cadetship, and O’Connor said he had not breached or offended further.
A doctor’s report was filed stating imprisonment could have a negative effect on Wetini-Clarke in several ways, including the in-prison gang culture, peer pressure, violence, anti-social behaviour, the associated risk of reoffending and difficulty reintegrating upon release.
It would also mean he lost his job and contact with his young daughter.
A pre-sentence report recommended a sentence of home detention, primarily because of Wetini-Clarke’s youth, relative lack of prior convictions and the prospects of his making positive progress in life.
Judge Ingram said there was no option but to sentence Wetini-Clarke to prison.
He said that in his 20 years on the bench in Whakatāne, gang-related firearms offending had become more common.
When he began presiding over the Whakatāne District Court, if there was a firearms charge in court, it would normally be for unlawful hunting, Judge Ingram said.
But in recent years, there were very few occasions he would come to Whakatāne and not see a gang-related shooting.
“In my view, this is the clearest possible case of gang firearms activities, and I need to take that seriously.”
The judge acknowledged prison was not the ideal outcome for Wetini-Clarke, but this type of offending was so common that not imprisoning him would be an invitation for gangs to do what they were already doing – getting young people with limited criminal histories to do their dirty work, in the hopes of the court treating them leniently.
“If I do not sentence you to prison, I’m writing a blank cheque to allow more of it.”
He set a sentencing start point correlating to one year of prison for each shot fired, which was higher than the prosecution sought.
One third of the sentence, 20 months, was deducted for mitigating factors and Wetini-Clarke’s guilty plea.
His sentence was three years and four months’ prison. Upon release, Wetini-Clarke must pay $238.75 in reparations for the broken window at a rate of $20 per week.
A firearms prohibition order was made.