In the High Court at Auckland last November, Justice Pheroze Jagose sentenced Nelson-Bell to home detention at the Grace Foundation.
The sentence began on November 3, initially at the foundation’s Ōtāhuhu facility and then at a less secure place in Papakura.
But on November 25, the foundation advised probation officers that Nelson-Bell was absent and had allegedly been drink-driving and spray-painting a fence. He was absent again on November 27.
The Department of Corrections told Justice Jagose that Nelson-Bell had been taken back into custody after being arrested in Auckland’s central business district at 3am on March 25.
He had allegedly breached bail and his curfew and was subject to an investigation into an alleged assault.
The department applied for cancellation of the home detention sentence and the imposition of a prison sentence.
Justice Jagose, in a High Court resentencing decision released on Monday, said he had sentenced Nelson-Bell to home detention last year after taking into account his youth and background.
“That sentence has proven not appropriate to meet sentencing’s multiple purposes in relation to him,” Justice Jagose said.
“His own disregard for its conditions means it is not effective in holding him accountable for the harm he has caused or promoting in him a sense of responsibility for that harm.”
Justice Jagose said six-and-a-half months of home detention remained unserved. He sentenced Nelson-Bell to one year and one month of imprisonment.
Authorities have previously said the November 2020 shootings were intended to send a message to rival gang the Tribesmen but the damaged homes included that of neighbours who were inside at the time and had nothing to do with the gang warfare.
