Teen Loses Final Appeal in Fatal Gang Shooting Case

A teenager affiliated with the Mongrel Mob, Te Tomo, has lost his final appeal regarding the murder of a rival gang member from Black Power. The incident occurred when Te Tomo fatally shot Thompson in the face during a violent confrontation in Hamilton in 2015. The Supreme Court dismissed Te Tomo’s application for leave to appeal the Court of Appeal’s ruling, which had previously upheld his conviction and life sentence.

The court proceedings revealed that on the day of the shooting, Te Tomo was present at a property with a friend when Thompson and another associate arrived in a car. An altercation ensued, during which Te Tomo attempted to use a slug gun to intimidate the rivals. After Thompson wrested the gun from him and pointed it back, Te Tomo retreated into the house, retrieving a .22 calibre rifle. In a subsequent confrontation, he shot Thompson, resulting in a murder conviction.

Te Tomo was sentenced to life imprisonment with a minimum period of incarceration of 10 years and six months. In 2016, he appealed both his conviction and sentence in the Court of Appeal. While the conviction appeal was dismissed in 2017, the sentence appeal was not addressed until recently. In March 2024, Te Tomo sought a hearing to contest the sentence, but this too was dismissed in July.

During the Supreme Court hearings, Te Tomo’s lawyer, Warren Pyke, argued that young individuals, particularly those from gang backgrounds or with lower IQs, do not respond to violent situations as adults do. He contended that the Court of Appeal failed to adequately consider the actions of Thompson and his associate leading up to the shooting and minimized Te Tomo’s personal circumstances. Additionally, he claimed that the courts had inconsistently applied new legal standards regarding youth sentencing.

The justices, Dame Susan Glazebrook, Dame Ellen France, and Sir Joe Williams, ultimately rejected these arguments. They noted that any inconsistencies in the application of new case law on youth sentencing did not apply to Te Tomo’s case. They determined that the issues raised regarding his treatment as a maximum-security prisoner, including being locked down for 23 hours a day, had not been previously argued and thus were not suitable for consideration in this appeal.

The Supreme Court justices acknowledged that while the matter of whether Te Tomo’s treatment constituted “cruel and unusual punishment” was significant, it should not be addressed for the first time on a second appeal without prior consideration by the Court of Appeal. The judges reiterated that the Court of Appeal had already established that youth could not be given minimal weight when balanced against public interest in accountability.

At the time of sentencing, Justice Anne Hinton acknowledged that Te Tomo’s actions showed little premeditation, but characterized the shooting as “cold-blooded and callous.” She started with a minimum term of 12 years, which was reduced by 1.5 years due to Te Tomo’s youth and his challenging background. Justice Hinton ultimately concluded that he lacked genuine remorse.

Following the Supreme Court’s ruling, Pyke confirmed that Te Tomo remains incarcerated and has not yet discussed the judgment with him. The case highlights ongoing challenges in addressing youth violence and gang-related crime, and it raises questions about how the legal system treats young offenders.