A Mangu Kaha gang member who was convicted of manslaughter in 2014 has had his current sentence shortened by three months after appeal.
His sentence was appealed in the High Court, Davis’ counsel Katarina Coote saying the sentence was manifestly excessive.
A decision released by Justice Gerald Nation said the disorderly behaviour related to an incident in the Wyndham Four Square supermarket on June 1 last year where Davis and another associate approached a Mongrel Mob member in the store and asked him to remove his patch.
"That person refused and they became involved in a verbal exchange."
The Mongrel Mob member tried to run from the store but became trapped.
After Davis and his associate grabbed him, a third Mangu Kaha member entered the supermarket and became involved.
However, all three left the store.
It was while remanded at large for this offence Davis reoffended.
While drinking at his parents’ house in Invercargill on July 18 last year Davis, who was in possession of a meat cleaver, became agitated and a verbal argument began between him and his parents.
"Mr Davis threatened to kill his father while wielding the meat cleaver, stating ‘I’ll kill you’ several times," the decision stated.
After walking outside, Davis hurled the meat cleaver at the kitchen window and struck it about two or three times, smashing the window.
He then took a quad bike and, after being challenged by police, fled on the bike.
While he was originally charged with threatening to kill, the charge was downgraded after a sentencing indication was given, to threatening behaviour.
The maximum penalty on a threatening behaviour charge is three months’ imprisonment or a $2000 fine, compared with seven years’ imprisonment on a threatening to kill charge.
Justice Nation said Judge Brandts-Giesen did not consider a change in sentence despite the significant reduction in the charge.
"There was an error in the way sentencing had proceeded."
When considering mitigating and aggravating features of Davis’ offending, Justice Nation said the intimidation of his father involved threatened violence.
"It is of concern that Mr Davis had a conviction from 2014 for manslaughter for which he was sentenced to three years and six months’ imprisonment, and charges of possession of an offensive weapon from 2014."
Davis was convicted of the manslaughter of his South Auckland work colleague Gordon Hona (45), a father of seven.
Justice Nation quashed Davis’ 15-month-and-one-week jail term and imposed a sentence of 12 months and one week’s jail, giving him leave to apply for home detention, and remitted $4456.64 of outstanding fines.
