Pacey Misikei robbed drug dealers of their cannabis with a loaded shotgun. Photo / Getty Images
Pacey Misikei robbed drug dealers of their cannabis with a loaded shotgun. Photo / Getty Images
A young man addicted to a cough syrup drink was living the life of a “gangster” when he shot up a drug dealer’s car and stole his weed.
Pacey Misikei, 22, had arranged two dealers to supply him with cannabis on July 10 last year but when he inspected the drug he refused to pay for it, stating it was poor quality.
The men, who had arrived at the Taranaki address Misikei was visiting only moments earlier, disagreed with Misikei’s assessment.
“It’s good stuff,” they said. But Misikei grew angry and grabbed a loaded shotgun he had at the ready, New Plymouth District Court heard this week.
Misikei appeared in New Plymouth District Court this week. Photo / Tara Shaskey
The dealers legged it, leaving the vehicle and the cannabis.
Misikei then dumped the car a short distance away and it was found two days later significantly damaged, including by shotgun pellets.
Misikei was arrested and charged with aggravated robbery.
He admitted the offending and at his sentencing on Wednesday, Crown prosecutor Holly Bullock, who argued for a starting point of five years’ imprisonment, said the aggravating factors included the violence, use of a weapon and that it happened in a drug dealing context.
“The defendant was dealing drugs from his address, he had a shotgun for that purpose and he prearranged this particular drug deal.”
But defence lawyer Nathan Bourke said in his client was buying drugs, not selling them.
Misikei had not set out to rob the victim but rather it was a “drug deal gone wrong”, Bourke said, arguing for a starting point of no more than four years and six months’ jail.
When arguing for a discount for his client’s youth, Bourke said the offending was impulsive, “stupid”, and indicative of a young adult who was still developing neurologically.
“It’s really spur of the moment as opposed to premeditation. You’re pulling out a shotgun which is so inherently dangerous,” Bourke said.
“He was sort of seeing himself as a gangster. At the time, he had taken this thing called ‘lean’ which I’ve looked up and is a type of drug that the American gangster community seems to use.”
Lean, also known as sizzurp, is a mixture of cough syrup and soda and Misikei had been consuming it to a level that has been described as an addiction, the court heard.
Bourke said Misikei’s offending was linked to his upbringing, which was disadvantaged and featured time spent in state care and youth detention facilities.
“He lost his youth.”
Referencing a presentence report, Judge Gregory Hikaka said Misikei had spent most of his adult life in custody and that he was “street savvy and heavily institutionalised”.
“He was assessed as being conditioned for a life dependent on providing for himself at any cost.”
The concern was that if the trauma he suffered as a child was not addressed then he risked becoming apathetic towards making positive choices for himself, the judge said.
Misikei had told the report writer that dealing cannabis was his occupation and his motivation was to make large amounts of money in a short space of time.
However, he expressed an interest in gaining lawful work experience and wanted to develop his “longtime aspiration” in music, which the report said was his passion.
From a five-year start point, the judge gave Misikei credit for his early guilty plea, youth, background factors and prospects for rehabilitation, before jailing him for two years and nine months.
Judge Hikaka said that would enable the Parole Board to look after his release conditions and time for Misikei to think about what he wants for his future.
