Rotorua judge makes mathematical blunder in Mongrel Mob rapper Temm Dogg case

The sentence for Tihema Nuttall, also known as rapper Temm Dogg, will stay the same despite a calculation "error" from the judge. Photo / Andrew Warner

A Rotorua District Court judge got her maths wrong when sentencing a Mongrel Mob rapper who shot a man in the face in a road rage incident after picking up his children from school.

But the prison term for Tihema Nuttall, also known as rapper Temm Dogg, will remain at nine years and one month - despite the judge’s calculations showing he should have been sentenced to seven months longer.

Nuttall was sentenced on Monday in the Rotorua District Court after a jury found him guilty last year of wounding William Merito with intent to cause grievous bodily harm on Te Ngae Rd on the afternoon of August 5, 2021.

Tihema Nuttall, aka Temm Dogg, keeps his sentence of nine years and one month imprisonment despite a judge making a mathematical error. Photo / Kelly Makiha Inset: a photo from his Facebook page.

Nuttall, who had a loaded firearm in his car, picked up his children from Lynmore Primary School before heading towards the central city on Te Ngae Rd.

The 34-year-old stopped at roadworks on Te Ngae Rd at the Tarawera Rd intersection and got out of his car to speak to someone he knew in the car behind him.

When the light turned green, Merito - a stranger to Nuttall - passed Nuttall and words were exchanged.

Nuttall then got in his car and followed Merito, driving alongside him and shooting him in the face with the shotgun. Merito was forced to pull his vehicle to the side of the road. He suffered serious injuries to his face, head and eyes. He survived but suffers ongoing sight problems.

Nuttall took the case to trial claiming it wasn’t him but, through his lawyer, admitted at sentencing it was him.

The rapper was described in court as being fully entrenched in Mongrel Mob life. He also has a career as a musician and a string of albums and millions of online streams.

Crown Solicitor Amanda Gordon asked for the case to be recalled after noticing Judge Anna Skellern had made a calculation error.

Nuttall appeared before Judge Skellern again on Wednesday when Gordon said based on Judge Skellern’s starting point of 11 years imprisonment, a nine-month uplift for previous offending, a 10% discount for personal mitigating factors and a 12-month reduction for time spent on electronically-monitored bail, the end sentence should have been nine years and eight months’ imprisonment.

Judge Skellern said she acknowledged the calculation was incorrect but said she was satisfied the original end sentence was the right one.

“I consider the sentence I imposed was an appropriate one ... That was the right sentence for Mr Nuttall notwithstanding the mathematical error.”

The Crown’s application to have the sentence changed was dismissed.

On his Facebook page, Temm Dogg said he had released seven albums in two years as well as two EPs.

In October last year, he released a single called Boom Shaka Laka which included the lyrics: “I’ll definitely be keeping the weaponry right next to me, I’m definitely using it like boom shaka laka.” The music video includes gang members wielding firearms.

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.