Long jail term could be life sentence for ailing inmate
James Kevin Hogan believes that his latest jail term for inflicting a drug-debt beating could be a life sentence.
The 43-year-old told the judge that at his Christchurch District Court sentencing after a jury had found him guilty on a charge of armed burglary.
He told Judge Jane Farish: “My doctor told me I would not have much life left after I turned 40. I’ve always been a chronic asthmatic. For 30 years I’ve been a chain smoker. I’ve got holes in my lungs and half a liver, and I’ve got emphysema. I had a heart attack in custody seven weeks ago.”
The judge imposed a six-year nine-month sentence for the beating Hogan inflicted as part of a group of three who went to the victim’s address to enforce payment for a drug debt.
Hogan used a metal bar or police baton to cause a deep cut to the man’s scalp, a broken finger, broken wrist, and bruising to his arms. The man was seated in an armchair during the beating.
The victim at first refused to pay but then let the home invaders take a car in the driveway. It belonged to someone else.
He was a reluctant witness at the trial and refused to provide a victim impact statement, but Judge Farish noted that in his original statement to the police he had named Hogan and said he had “gone too far” with the beating.
Defence counsel Tony Garrett said Hogan worked well when his efforts were “channelled” and there was good discipline. He had worked well on the demolition of a major central city building. It was falling back into old habits that led to the latest attack.
Although Hogan had previous convictions for serious violence, they were now 10 years old, and should not lead to his sentence being increased.
Judge Farish agreed with that, and allowed some reduction for his remorse and his health problems. Hogan had been able to provide for his family when he was out of trouble and out of prison but things had “gone haywire” when he had slipped back with old associates, and with booze and possibly drugs.
She told Hogan: “Emphysema is a nasty disease and is almost certain to limit your life expectancy.”
Coping with the condition in prison would not be pleasant, but she was sure that the prison had adequate medical services to provide for Hogan’s needs.
Category: Focus
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