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Growing gang crimes: US detective has tips for New Zealand authorities on how to deal with unruly gangs

Canterbury District Commander Superintendent John Price explains why police shot a man in Kaiapoi on Saturday. Video / Kurt Bayer / TVNZ

A US detective has tips for New Zealand authorities on how to deal with unruly gangs as politicians remain at loggerheads over what to do to curb street violence.

Newly minted Police Minister Chris Hipkins has hinted at a crackdown, with a package to be announced in the coming weeks.

It’s while National calls for the banning of gang insignia and anti-consorting laws similar to those in Australia.

Redwood City Detective Sergeant Nick Perna has another suggestion.

He says in California, they have a “gang enhancement” charge – which can be tacked on to any conviction where police can prove it was done to benefit a gang.

“If you can prove conspiracy of three or more gang members committing a crime together, instead of getting five years – with a gang enhancement it could end up being 10 years in prison” he said.

Multiple bullets went through a property on Gibbs Rd in Manurewa, Auckland. Photo / Dean Purcell
Multiple bullets went through a property on Gibbs Rd in Manurewa, Auckland. Photo / Dean Purcell

“In a drive-by shooting – you have a driver, shooter, and a third who’s directing it or another shooter – they’d all be charged with attempted murder or murder, whatever the case may be.”

“You can even connect people before and after the fact. If someone provided them with a weapon to go do the shooting, they could be charged with a gang enhancement.”

In New Zealand, if the offender is part of an organised criminal group, it could be considered an aggravating factor at sentencing.

But, the final sentence is limited to the maximum penalty prescribed for the offence.
For example, the maximum imprisonment someone can face for robbery is 10 years.

A gang enhancement would mean if a robbery is determined to have benefited a gang, the final sentence could go beyond a decade.

Tama-Parei Himiona Parata admitted he enabled a driver to shoot directly at a police officer, after pursuing them. Photo / Sarah Curtis
Tama-Parei Himiona Parata admitted he enabled a driver to shoot directly at a police officer, after pursuing them. Photo / Sarah Curtis

While National wants more tools for cops, the banning of gang insignia and three strikes law retained – the party’s justice spokesman Paul Goldsmith says they’re open to looking at other legal options.

“We won’t discount anything if it makes our communities safer in the end,” he said.

“We haven’t considered longer sentences for gang members at the moment but let’s not rule anything out at this stage.”

Goldsmith is reeling at the prospect of the Three Strikes legislation being repealed, saying it’s out of touch and doesn’t make any sense.

“The Government has looked at increased violent crime and has come to the conclusion that the main problem is that we are too tough on our worst offenders.”

Scenes after an overnight shooting on Gibbs Rd in Manurewa, Auckland in May. Photo / Dean Purcell
Scenes after an overnight shooting on Gibbs Rd in Manurewa, Auckland in May. Photo / Dean Purcell

Meanwhile, University of Waikato law professor Alexander Gillespie wants law and order to stop being a political football.

“People want to come up with these magic bullets. There is no magic bullet though because this is something that’s been going on for over a century.”

“You want is a cross-party initiative whereby we come together, we define the problem, we set the indicators of how we’re going to deal with that then we apply the resources.”

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