Constable Matthew Hunt's murderer appeals 'harsh' sentence

Constable Matthew Hunt.

The lawyer of the man who murdered Constable Matthew Hunt two years ago has argued his 27 year sentence is "crushing" for a "relatively young man".

Eli Epiha, 26, appeared via video link before the Court of Appeal on Thursday to challenge the non-parole period.

Defence counsel Mark Edgar argued it was "disproportionately harsh", saying the starting point for the sentence was too high when compared with previous cases he deemed to be similar.

Epiha was sentenced in December, for the killing of Hunt in West Auckland in June 2020.

He had pleaded guilty to the murder charge the week before his trial began in July, but maintained he never meant to kill the officer.

A jury also found the defendant guilty of attempting to kill Hunt's partner that day, Constable David Goldfinch.

READ MORE: 'This is where I die' - Policeman who survived West Auckland shooting details gunman firing

In Wellington on Thursday, Edgar compared Epiha’s sentence to those imposed for Russell John Tully, convicted for the 2014 Ashburton Work and Income shooting, and Daniel Luff, who murdered a policeman in Manawatū in 2002.

Tully was sentenced to 27 years for slaying two women, while Luff was handed a 17 year sentence.

Edgar spoke about the 14 gunshots Epiha fired, and claimed sentencing judge, Justice Geoffrey Venning, put too great of an emphasis on the number of shots fired, and the fact the victims were constables.

He also said there was no pre-meditation with Epiha’s offending, unlike that seen other cases, suggesting it was therefore less serious.

"Mr Epiha didn’t set out to commit murder," Edgar said.

"[He] was on his way to somewhere else, albeit with a lethal firearm.

"It was more the case of a young man placed in a 'fight or flight' situation over a very short period of time, 31 seconds to be precise."

READ MORE: Constable Hunt's family speak powerfully as killer gets at least 27 years

Edgar went on to question the discount given to his client for pleading guilty to the murder charge.

Justice Venning gave Epiha six months off for the plea.

Crown lawyer Brian Dickey reminded the Court of Appeal judges, Justice Cooper, Justice Christine French and Justice David Collins, of the delayed nature of the plea.

"It was very late in the piece," he emphasised multiple times.

He argued despite not being pre-meditated, Epiha’s offending was no less serious than the Luff and Tully cases.

Dickey said: "What’s remarkable in this case is Mr Epiha had no motive to kill these police constables, he was just killing them.

"To compare this case to Tully in pre-planning is, with respect, wrong.

"This was such a cold unprovoked killing of uniformed constables, just doing their job."

He said the risk to the public during Epiha’s shooting, the fact the victims were constables and the little prospect for rehabilitation were all factors in the sentence Epiha was given.

Hunt’s mother, sister and uncle were present at the Wellington hearing.

Justice Mark Cooper acknowledged it must have been another difficult day for them.

Epiha appeared via video-link from prison and stood throughout the hearing.

He shook his head and rolled his eyes throughout the Crown’s response.

As the hearing ended, the 26-year-old waved and made a love heart with his hands.

Justice Cooper, Justice Christine French and Justice David Collins have reserved their decision.

It will be issued in writing at a later date.

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