Tills Lavika, 25
Discharging a firearm, threatening to kill 3.

Discharging a firearm with intent to cause grievous bodily harm to three victims, unlawful possession of a firearm x2, using a firearm in the commission of an offence, threatening to kill x3, common assault.

The Facts

After a five-day methamphetamine and alcohol binge Lavika, who is gang-affiliated, had an altercation with a man affiliated with a rival gang on the street. He punched the man in the head. When the victim's mates got involved, Lavika walked away to avoid "coming off second best". Later that day, when Lavika was heavily affected by drugs and alcohol, he approached the group armed with a shotgun. They prepared to confront him and he fired the gun at them. He then threatened to kill the victims as he continued to brandish the shotgun.

The Victim:

The three victims were affiliated with a gang and did not provide victim impact statements to the court. They were not injured.

Features of Offending:

Aggravating:

• Previous convictions, but none of the same level of violence.

Mitigating:

• Lavika was intoxicated and affected by methamphetamine.
• Early guilty plea.

Defence Lawyer's Comments:

Paul Gruar told the court that Lavika had made a "very serious error in judgement" and had "no clear memory" of the offending due to the drugs and alcohol he'd consumed.

“ Somehow he came into possession of a firearm... I think someone put him up to it. His serious error in judgement was compounded by not having any real awareness of what was happening around him. It was a like a drug-induced automatism. I don't raise that as a defence, it's an explanation for what happened. ” Paul Gruar

Mr Gruar said Lavika had "recovered his sensibilities" and written letters of remorse and apology to each of his victims. He came from a large Samoan family who were supporting him and was one of 10 children. Unfortunately, Lavika had shied away from the traditional upbringing his parents wanted him to have and started to associate with "badly selected" people. He said abstinence from drugs and alcohol was the key to Lavika's future.

“ I believe he has a great deal of potential... he is polite and well mannered, a very easy man to meet and advise. A crushingly long sentence need not be set today given this young man's potential for rehabilitation and reintegration.” ” Paul Gruar

Judge's Comments:

“ Prison is inevitable. Home detention is not an option. Luckily, no one was hurt - that could be the result of you're being so intoxicated and drug affected, or, because your aim was hopeless. It was a small saving grace. The charge is extremely serious. You fired a gun and when you did, you meant to seriously hurt other people. You need to appreciate that people in the community just aren't prepared and don't want to tolerate gang or inter-gang violence where firearms are used. ” Judge Russell Collins