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Baby Jhia killer loses appeals

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Fri, 20 Nov 2009 9:28p.m.

Mongrel Mob member Karl Check, instigator of the 2007 fatal drive-by shooting of Wanganui toddler Jhia Te Tuaa, has had his appeal thrown out by the Court of Appeal.

Check's bid to have his conviction overturned and his challenge against the length of his minimum jail term were dismissed today.

The court found there had been no miscarriage in Check's conviction.

It also said there was no basis for arguing against the 15 years minimum non-parole term.

Check sought a reduction to 12-1/2 years.

At his trial, Check was found to be the instigator in the incident that lead to the death of the two-year-old girl.

Shots were fired into the house where the child lived and she was hit and killed as she lay on a couch.

The target was the girl's father, a Black Power member.

Check was jailed in February this year.

He was back in the headlines last month when his two-year-old son Karl Richard Arc Perigo-Check suffered severe internal injuries and died in Wanganui Hospital.

Police said the child's death was not gang-related.

Rikki Ngatai-Check, 22, has been charged with the boy's murder while the child's mother, Lilah Terelyn McGregor, 30, faces charges of assaulting her son and perverting the course of justice.

The pair are in custody.

NZPA

 

 

Comments [1]

Andrew
20 Nov 2009 11:21p.m.

In such circumstances appeals always leave a bad taste. Such a pity nothing much was said about the actual grounds on which his appeal was based. It seems that there were two, one against the conviction itself and if that didn’t go down well, a back-up appeal against the severity of the sentence.

Having upheld the original verdict and sentence it is a shame that the Court of Appeal doesn’t routinely add 10 or 20% to the length of the original sentence for wasting the court’s time and wasting public money.

With the prospect of heavier sentences defence counsel might be less inclined to recommend taking a case to the wire unless genuinely concerned about miscarriages of justice.

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