R v Biddle & Ors - [2025] NZHC 3105

A jury found Mr Biddle and Mr Rapana guilty of murder and Mr Gage and Mr Tapara guilty of manslaughter. The defendants were members of Whakatane-based Aotearoa chapter of the Tribesman gang: Mr Rapana was the president, Mr Gage was the vice president, Mr Biddle was the sergeant at arms and Mr Tapara was a patched member. They learned that Mr Hohua had made unauthorised purchases using the chapter's bank account, and agreed to punish him. Mr Hohua was taken to the chapter's meeting place next to Mr Rapana's home. 

Mr Biddle and Mr Rapana were sentenced to life imprisonment. They were found equally culpable: with Mr Biddle taking part in the actual assault and Mr Rapana, despite possibly being surprised by the severity of the assault, arranging and authorising it. The starting minimum period of imprisonment for both defendants was set at 13 years' imprisonment. The aggravating features included premeditation, the number of offenders, victim vulnerability and the practice of disciplinary enforcement by violence. There were no mitigating features. Taking into account Mr Biddle's personal circumstances, which included a severely deprived childhood, the Court imposed a minimum period of imprisonment of 12 years. The minimum period of imprisonment of 13 years was maintained for Mr Rapana as his personal factors did not mitigate his culpability. Despite having an abusive childhood and previous substance abuse disorders, he been substance-free for nearly 20 years and held a leadership role in the gang.

Similar aggravating features were relevant in the case of Mr Gage and Mr Tapara. However, Mr Gage was sentenced on the basis that he did not physically assault the deceased. Mr Tapara was also unlikely to have caused the fatal injury. A starting point of six and half years was adopted for Mr Tapara, with Mr Gage receiving a starting point of five and a half years. Mr Gage had a difficult childhood, witnessing family and gang violence, and abusing alcohol and cannabis from the age of 10. He received a sentence of five years' imprisonment. Mr Tapara received a final sentence of four years and six months which included the following reductions: 10 per cent for his age of 20 at the time of the offending, 5 per cent for previous good character, 10 per cent for deprived background and six-months for the 30 months he had spent on EM bail.