The Crown has lost its bid to lock up indefinitely a 43-year-old man, who pointed a double-barrelled shotgun at police less than 24 hours after being released from prison, where he has spent more than half his life.
Justice Jillian Mallon had sentenced Wattie Adolf Kahu to six years' imprisonment, with a four-year non-parole period, following a plea of guilty to charges of assaulting his partner, escaping from custody and using a firearm to resist arrest.
Crown lawyers wanted preventive detention and appealed Justice Mallon's sentencing as manifestly inadequate.
They said that Kahu was unwilling or unable to control his violent impulses and that preventive detention was necessary to protect the community.
However, the Court of Appeal rejected the Solicitor-General's appeal.
The judges heard that Kahu had a dysfunctional upbringing and by the age of 16 had accumulated 22 offences.
That tally now stands at 58.
The most serious incident occurred in 1996 shortly after his release from prison when he burgled a house armed with carving knives and caused serious stab wounds to two of the occupants.
On that occasion he was jailed for 12-1/2 years after admitting a number of offences.
Kahu was released in October 2006 but the Court of Appeal heard that he was recalled three months later on wilful damage charges.
He was released for a second time on March 19, 2007.
The following day he went to the Black Power HQ in Wanganui where he drank and smoked methamphetamine.
He later went home where he grabbed his partner round the throat and squeezed her neck when she rebuffed his sexual advances.
A complaint was made to police but when officers arrived and told him he was under arrest, Kahu fled by the back door.
They returned the following day only to be confronted by Kahu brandishing a double-barrelled sawn-off shotgun at them before again making good his escape.
Justice Mallon had said that this offending was considerably less serious than the "horrific" offending in 1996 where the victims suffered serious psychological effects.
She said this offending was not prolonged, his partner was uninjured, and was not prevented from leaving.
And while the firearm was presented at police, it was not discharged and Kahu later turned himself in.
Justice Mallon said he had made some progress in prison but more focused programmes were needed.
The appeal court said that previous programmes had achieved positive, if limited, results and Kahu had shown an "enhanced ability to control his responses".
