Three deer poachers, described as "greedy" by a district court judge and ordered to pay more than $44,000 in fines, are appealing against their sentence.
The appeal by Dean George Matthews, 35, of Blenheim, Grant Hartley Matthews, 35, New Plymouth, and Daryl Earl Lavender, 35, of Edgecumbe, was heard in the
High Court at Rotorua yesterday.
The three were found guilty in Rotorua District Court in May of charges relating to poaching deer in the central North Island.
The men were working for Dean Matthews' company, East Bay Heli Services, on January 10 last year when they were caught poaching between 20 and 30 deer from private land, known as Pine Milling, between Murupara and Taupo.
Each was fined $9000 for illegal hunting and pilot Dean Matthews was fined a further $2000 for failing to display registration marks.
His company was fined $10,000 for unlawful hunting and $2000 for failing to display registration marks.
Daryl Lavender and Dean Matthews were each fined $250 for unlawfully possessing a firearm.
District Court Judge Chris McGuire said the men's actions were motivated by "greed" for what were, at the time, soaring export venison prices.
He handed down almost maximum sentences in a bid to deter poachers from hunting in rural communities.
Dean Matthews and Mr Lavender were represented in the High Court by Paul Mabey, QC, representing Matthews and Lavender, told the High Court Matthews was having to pay about $24,000 in fines for the company's involvement and his role as the pilot.
"It's the same pocket that will pay for all of this.
"I think the judge has been too heavy-handed."
Tim Barclay, representing Grant Matthews, said his client could not afford the fine.
"His fine should be in accordance with his ability to pay," he said.
Rotorua Crown Solicitor John McDonald said Judge McGuire's sentence should be upheld.
Each man had played an important role in the poaching operation and their sentences should reflect the seriousness of their offending.
However, Mr McDonald conceded that the fines for Mr Lavender and Grant Matthews should reflect their ability to pay.
Judge David Baragwanath reserved his decision pending seeing evidence of the men's incomes.
- DAILY POST (ROTORUA)
