Bid for less than life term for murder fails

By Anne Clarkson

A defence bid to have Patrick Allan Daken sentenced to less than a life term for murdering his brother was rejected by Justice Graham Panckhurst at the sentencing in the High Court at Christchurch today.

Daken was found guilty by a jury of murdering Kelly Paul Daken after a dispute at the family home at Port Levy on June 10 last year.

Defence counsel Andrew McKenzie said the application for less than the mandatory life term was so that Daken would be provided with the means to rehabilitate himself and be reintegrated into the community when he was released.

He said the jury rejected self defence and provocation when deciding on the murder conviction, but it was obvious that the verdict was excessive self defence.

Mr McKenzie said the letter written by Daken and given to Justice Graham Panckhurst in court this afternoon said that he loved his brother and accepted responsibility for his death. The letter had heartfelt words of remorse in it.

He said there was no premeditation of murder, just a spontaneous reaction that the jury had decided was an over-reaction.

Crown prosecutor Tim Mackenzie said that Daken’s conduct after the murder where he kicked and  spat on his brother’s body showed the extreme violence used. He opposed the application by defence.

Justice Graham Panckhurst said he was not satisfied that it was appropriate to deviate from the life sentence he imposed.

He said that even though Patrick Daken was subjected to a sudden serious attack, he had no significant injuries and his brother was disarmed.

He told Daken that he should read the family’s victim impact reports. He said his parents were trying to come to grips with the loss of one son, and the fact that another son caused his death.

He said another brother, Warren Daken, felt a sense of responsibility because after he disarmed Kelly Daken he left the house to get help.

He said he was driven to the view that Patrick Daken was enraged and stabbed his brother in anger. He said that neither he or the jury accepted that he had a genuine fear that his brother was going to kill him as he said.

He sentenced Patrick Daken to life imprisonment with a non-parole period of 10 years.