Man thrown out of drinking session takes offence: four people attacked

A broken beer green bottle in the man's hand at the construction site, used as a weapon.

Two brothers who beat up and “bottled” people at a late-night drinking session have been sentenced to home detention, one of them narrowly avoiding a jail term.

Canaan Parata, 30, and Uzziah Parata, 28, were sentenced together at Gisborne District Court last week.

Canaan had been exited by his drinking companions from a Churchill Crescent property at about 11.30pm on October 1 last year, for behaving inappropriately.

However, he returned shortly after with his brother Uzziah, who grabbed one of the victims from behind and pulled him to the ground.

Both brothers kicked and stomped on that complainant’s head. A glass bottle was also smashed into the downed man’s face, but it is not known which brother did that.

A second victim tried to intervene but Uzziah punched him in the face, knocking him to the ground. Both brothers also kicked and stomped on that man’s head.

Each victim was left with two blackened eyes, swelling and cuts to their face and head. The first victim needed stitches for a gash caused by the broken bottle.

The third and fourth victims — women — were also trying to intervene when the brothers focused on them. Uzziah punched one of the women in the face, causing her a split lip.

Canaan punched the other woman in the face, his fist connecting with her nose and lip at the same time.

Realising police had been called, the brothers fled but were located soon afterward.

They subsequently pleaded guilty to two jointly-laid charges of assault with intent to injure and a charge each of common assault (laid under the Crimes Act).

Judge Warren Cathcart sentenced Canaan to five months home detention and Uzziah to seven months’ home detention. Each will be subject to six months post-detention conditions.

Calculating the sentences, the judge set a starting point of two years imprisonment for each of the brothers and said nothing short of home detention would be a sufficient end sentence for either of them.

The judge accepted counsel Heather Vaughn’s submission that the offending was “a fall from grace” for Canaan and that he was “ashamed” of his actions.

Canaan had no previous convictions and had earlier signalled he hoped to keep it that way by applying for a discharge without conviction. However, the application wasn’t pursued.

Discounts for mitigating factors for Canaan totalled 13 months — a full 25 percent (six months) discount for guilty pleas and seven months discount for a combination of factors, including his previous good character and work ethic, good prospects of rehabilitation, and remorse.

Uzziah had a criminal history of violence, for which the judge said he was initially going to jail him.  However, there was no information before the court to suggest he wouldn’t be a suitable candidate for the home-based alternative so he would be allowed a chance on it. Any breach of the sentence would see Uzziah serve the remainder behind bars, the judge warned.

Uzziah, represented by counsel Elliott Lynch, was given similar discounts to Canaan but due to his criminal history received none for previous good character.

The judge told him he had made the mistake of a lot of young intoxicated men and got involved in something that was none of his business.

The court heard both brothers were willing to attend restorative justice meetings and at least one of the victims had agreed to it but unfortunately it hadn’t been convened ahead of the sentencing.  It could still go ahead afterward.