Darwin Howe held a military-style semi-automatic firearm and fired from a stolen car towards a house, peppering the living room with bullets.
Attached to the firearm was a high-capacity magazine containing at least 20 rounds of ammunition.
As glass flew around the Wellington living room, it struck a teenager sleeping in the lounge, leaving him with a cut above the eye. The incident lasted just 10 seconds.
Howe wanted to intimidate a man who lived at the Wainuiomata house whom he considered had a role in the death of his associate in a fatal crash at Bunnythorpe, near Palmerston North, days before.
But inside the address early that January morning last year, the man's partner and eight children were also sleeping.
"The effect on the occupants of the house must have been significant," Judge Bruce Davidson would later remark.
140 previous convictions
Howe's conviction history spans 16 years and includes 140 convictions, including more than 30 for driving while disqualified.
As Judge Davidson's sentencing notes from the Wellington District Court made clear, Howe also has a poor history of compliance.
Sentenced to home detention in 2024 for a spate of offending in mid-to-late-2023, it didn't take long for Howe to breach his conditions.
In February 2024, he accidentally shot himself in the leg, leading to a charge of possession of a firearm without a licence.
In July and September that year, Howe twice drove while disqualified. He also assaulted his partner, punching her in the throat and causing minor injuries.
He was associated with the theft and repainting of stolen cars and was seen with a stolen motorcycle. In October, he burgled a house in Wellington.
Just before Christmas 2024, police searched Howe's house during a bail breach, finding methamphetamine and cannabis.
In his sentencing indication, Judge Davidson noted that Howe's detailed plan to target the house involved stolen vehicles.
The judge noted the offending was planned and premeditated, inherently dangerous, and that actual danger and injury occurred.
Sentencing took place at the Wellington District Court.
RNZ / Richard Tindiller
The judge also noted that both burglary charges were planned and premeditated and involved a confrontation with an occupant. The other offending, which spanned nearly a year, affected a large number of victims and occurred while he was on bail.
"I have no victim impact material before me, but it is self-evident that a large number of victims have been affected.
"This ranges from stress and inconvenience for victims whose motor vehicles had been taken, to the safety of other road users; to the occupants of a commercial and residential property and the occupants of the house shot at, including one victim who suffered actual injury," the judge said.
Crown prosecutor Sebastian Hartley sought an end sentence of between six and a half and seven years' jail, noting the Wainuiomata shooting was a "bad case justifying a starting point of five years' imprisonment".
But Howe's lawyer Alex Dye submitted that was too high and instead suggested an end sentence in the range of four and a half years was appropriate.
Taking into account Howe's guilty plea, Judge Davidson offered an end sentence of five years and three months.
At Howe's sentencing in June, the judge considered what additional sentencing discounts could be offered.
"You are now aged 34, and it is abundantly plain to me that you are, yet again, another product of a dysfunctional upbringing. The psychological report, in particular, makes that very clear."
But the judge also noted that while in custody, Howe had begun to show genuine insight into his offending and the necessary rehabilitative steps he needed to take, including moving to a different part of the country upon release, to get away from gang associations.
He had also attended restorative justice and apologised.
Howe was jailed for four years and three months for the shooting and a raft of other firearms, violence, property, drug and driving offences.
Co-offender sentenced
Last month, Howe's associate Sivaly Kadeth was sentenced for his role in the offending.
According to Judge Jan Kelly's sentencing indication, on New Year's Eve 2024, two cars were towed from the scene of a fatal crash near Bunnythorpe.
The Crown's case was that on January 3, Howe and Kadeth drove to Palmerston North, where they were captured on CCTV scoping out the premises of Crash Services.
At 5am that morning, a black Mazda was stolen from Palmerston North by unknown people.
A short time later, the pair reversed the car into a large roller door of Crash Services in an attempt to ram-raid the premises.
According to the summary of facts, either Kadeth or Howe tried to steal property from the car belonging to Howe's associate but fled when they realised there was someone in the building.
Kadeth was also found to have assisted in the execution of Howe's plan by helping him steal a car. He also met Howe after the shooting, and the two drove out of Wainuiomata together.
At sentencing, Judge Kelly noted that although Kadeth had a limited criminal history, these charges represented a notable escalation in the nature and seriousness of his offending.
Kadeth had a degree in commercial law and marketing and had held various roles but had been unemployed since 2024 when his role was disestablished.
He told probation he experienced a period of low mood and emotional distress and at the time of the offending he was struggling with methamphetamine use.
Now 44, probation had assessed his risk of harm should he reoffend in the same manner as high.
Judge Kelly said the aggravating factors included Kadeth's previous convictions for drugs, driving and theft.
In mitigation, she noted there was a causal nexus between Kadeth's drug use and the offending.
On charges of discharging a firearm to intimidate, a representative charge of unlawfully taking a motor vehicle and a charge of burglary, Kadeth was sentenced to 11 months' home detention.
The judge also ordered him to pay $500 to the insurer IAG and $400 in reparation.
*This story originally appeared in the New Zealand Herald.
Open Justice
Source: RNZ · RNZ | Te Reo Irirangi o Aotearoa
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