Man appeals sentence for shooting armed intruder

A Wainuiomata man who shot a testicle off a man who tried to smash his way into his home yesterday appealed against his conviction and jail sentence.

Mark Taiaroa Haddon, 38, was found not guilty by a jury last June of attempting to murder Clive Heritage in the August 2004 incident.

But he was jailed for five years and nine months for wounding with intent to cause grievous bodily harm, receiving the stolen semi-automatic rifle he used to shoot Mr Heritage, assaulting Mr Heritage's wife, intentionally damaging her car and having a precursor substance used to make methamphetamine.

Justice John Wild said the sentence reflected Mr Heritage's provocative attack on his house and refusal to leave despite a warning shot being fired close to his head.

Mr Heritage was armed with a knife and iron bar when he and associates arrived at Haddon's house on the night of August 10.

Haddon had been fighting with his girlfriend, who had phoned someone to collect her, then waited down the road.

Justice Wild said Haddon acted in defence of himself, his two children and home after Mr Heritage smashed a glass door in an attempt to get into the house.

Following the shooting, Mr Heritage's wife rammed her car into Haddon's car. He retaliated by smashing her car, and her leg, with an iron bar.

Yesterday, the Court of Appeal reserved its decision.

- NZPA