Rotorua man involved in rip-off P deal has prison sentence reduced

Police on Paradise Valley Rd looking for clues in October 2016. Photo / File

A man who was involved in a plot to sell a man salt instead of methamphetamine that ended with the victim being shot twice has had his prison sentence reduced.

Alexander Hayden Mowbray, from Rotorua, appealed his sentence, was re-sentenced and has now has had his prison sentence reduced by eight months, taking it to five years and five months.

Mowbray pleaded guilty to a charge of assault with intent to rob and the Court of Appeal ruled he should be re-sentenced as there were inconsistent references to facts in the judge's original sentencing notes. The inconsistencies led to Mowbray's culpability being greater than what it was.

Justice Pheroze Jagose's re-sentencing notes have just been released publicly by the High Court.

In it, it said Mowbray was part of a group that had a plan to rob a man, who was visiting Rotorua from Australia, by luring him to Jubilee Walking Track on Paradise Valley Rd late at night on October 20, 2016 on the pretence of selling him methamphetamine.

However, instead they put salt in a plastic bag. Some of the group hid in bushes before the victim arrived.

Mowbray and another man arrived at the scene and Mowbray got in the victim's vehicle and offered the victim what he thought was methamphetamine. The men hiding in the bushes then emerged and threatened the victim with a firearm, demanding the "loot".

One of the men shot the victim in the thigh and hit him in the head with the gun. The victim got out to the car and tried to run away but, with the group's encouragement, the victim was shot again in the back. The victim then fell and rolled into a drain.

They then all left the victim and drove off. The victim survived but suffered serious injuries and needed surgery.

Justice Jagose said during sentencing Mowbray was 25 at the time, had support from family and had acknowledged his drug and alcohol issues.

It said he had suffered from anxiety and depression and he had shown signs of remorse.

He was already having counselling in prison and had been diagnosed with post-traumatic stress disorder from a separate event.

Justice Jagose said while Mowbray didn't initiate the plan, he joined in and played his part in planning it.

Justice Jagose reduced the previous term of imprisonment from six years and one month to five years and five months.