KEY POINTS:
A cancer patient who eluded police for five days has been sentenced to 21 months' jail.
Tifiga Atanoa, 35, went into hiding in June last year after failing to appear in court on drugs and firearms charges.
He told associates he was dying of cancer and had nothing to lose and would do anything to avoid going back to prison.
He was a known methamphetamine addict, had firearms and police believed there may be a shootout if he was cornered.
Atanoa was caught without incident and was convicted in Manukau District Court of five charges of unlawful possession of a firearm and one of escaping from custody. He was acquitted on two assault charges and one of aggravated robbery.
When he was caught he had a large tumour from his lymph node cancer on the right side of his neck but due to regular chemotherapy and radiotherapy treatment the tumour has now disappeared.
Judge Semi Epati today told Atanoa he was disappointed he had chosen not to take part in the pre-sentence report and a medical report lacked detailed information about necessary treatment.
"You have willingly deprived yourself of the opportunity to reveal aspects of personal circumstances that would relate to your situation."
Judge Epati said it was important any necessary medical treatment was made available and should be continued while in prison.
Atanoa stood in the dock, head down for most of the sentencing but turned to smile at his partner and his mother in the public gallery as each sentence was read out.
Atanoa became emotional when Judge Epati asked his mother Nia if she and her son could speak Samoan and then spoke directly to her for several minutes in their native language.
Judge Epati told the court he had asked the family to stand by Atanoa.
"If he wishes to change his lifestyle then stay with him until he comes out," Judge Epati said as Atanoa's mother and partner Paula cried in the gallery.
"I ask you not to waiver, he needs that support when he comes out."
Earlier defence lawyer Peter Kaye said any sentence should be at the lower end of the scale.
Atanoa had no association with drugs and the guns were not for "sinister purposes".
Mr Kaye said Atanoa's family were standing by him and the father of nine had severed all ties with the Mongrel Mob in an attempt to start a new life.
Atanoa was not only suffering from a terminal illness but also being in prison, he said.
The cancerous growth had made Atanoa self-conscious, causing him to shun people while in prison, sometimes meaning he would not even see his lawyer, he said.
Crown prosecutor Brett Tantrum urged the court to impose a longer sentence.
"One of the firearms was loaded and others in the bags had a large amount of ammunition," he said.
Atanoa had not pleaded guilty at the earliest opportunity, instead choosing to go to trial, he said.
After sentencing, Atanoa hugged his partner and mother before being taken away.
- NZPA
