Four decades in jail imposed on Mongrel Mob members

December 16, 2015 | By More

Court House-entranceThree Mongrel Mob Notorious chapter members who conducted a violent raid on the home of a resigning gang ex-president have been jailed for a total of more than 40 years.

The group burst into gang salutes and swearing in the dock as the sentences were imposed.

Crown prosecutor Anselm Williams confirmed in court that the victim of the mob attack had since died of a heart attack but his death could not be linked to the injuries he received.

His health had deteriorated since the attack at his family’s New Brighton home on December 4, 2014. During the incident, he was struck on the head three times with the blunt end of a tomahawk, his teenage sons were assaulted as they tried to intervene, and his car and motorcycle were damaged.

Christchurch District Court Judge Alistair Garland said at the sentencing: “This court hears all too frequently what can happen to those who try to extricate themselves from the gang culture.”

The judge detailed the violence carried out by the mob members, according to the evidence presented at the nine-day trial.

The three mobsters – from the Notorious Timaru chapter – said at the trial that they had gone to the property for a friendly talk and were surprised by the violence that erupted.

Tamati John Hetariki, 35, the “captain” of the mob’s Notorious chapter in Timaru, was jailed for 13 years 6 months.

Kyle Peter Livesey, 29, was jailed for 13 years 9 months.

Clinton Benjamin Simon, 31, a gang prospect, was jailed for 13 years 9 months.

In each case a non-parole term of six years was imposed before they can be considered for release.

The men had been convicted at trial of wounding the ex-member with intent to cause grievous bodily harm, assaulting his two teenage sons with weapons, and intentionally damaging the ex-president’s car and motorcycle. There were a total of 15 charges – two were admitted before the trial began. For many of the offences, the men were convicted of being parties to each other’s violence.

For Hetariki, Tim Fournier said his client had been the leader of the group, and had been in a position to exercise restraint on behalf of the others, but had not done so. He pointed out that a woman had given evidence that Hetariki had said she was not to be touched, and she wasn’t.

For Livesey, Nick Rout said his client had not inflicted any of the blows directly, on the victim. During the incident, Livesey had been struck with a shovel and stabbed by a woman, and then left.

“He has had to regard the Mongrel Mob as his family for most of his life,” said Mr Rout, noting that Livesey had served two previous jail terms. “It is difficult for someone in his position to come back within society.”

Simon’s defence counsel, Lee Lee Heah, said excessive self-defence could not be ruled out by the jury’s verdicts. The violence was not premeditated, she said. The trio had not gone to the house armed with any weapons that were consistent with a plan to inflict really serious injury.

The axe used in the incident had been thrown from the house, and was then used “in the heat of the moment”.

Judge Garland said the attack was akin to gang warfare and was punishment for the victim leaving the gang. It was extreme violence, unprovoked and gratuitous, clearly premeditated. They had intended to cause grievous bodily harm or knew it was a probably consequence of their actions.

They had caused very serious and lasting injury to the victim, and it was just a matter of luck that the injuries were not more debilitating or even fatal.

 

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