Jail time for attack on ex-flatmate

Dillyn Nicholson, 25, was sentenced to four years and four months in jail.

Breaking into his former flatmate's home, assaulting him, binding his legs with duct tape and threatening to kill him has landed a local man in prison.

Dillyn Nicholson, 25, appeared for sentencing inafter earlier pleading guilty to charges of aggravated robbery, burglary, injuring with intent to injure, and threatening to kill.

He broke into his former home at Ruawai about 12.30am last August 15, five days after breaking into the same house and stealing food and other items.

Judge John McDonald said Nicholson and an alleged co-offender got hold of gloves, balaclavas and duct tape before entering. Although they disguised their faces, Judge McDonald said the victim was able to identify Nicholson's voice as they used to live together. The victim was attacked while asleep and repeated demands were made for money and PIN numbers for his bank cards.

Judge McDonald said an air pistol was allegedly put to the victim's head by the co-offender and the trigger pulled but fortunately it did not discharge.

He said Nicholson bound the victim's legs and threatened to kill him and his children. The man's wallet and a computer tablet were stolen and Nicholson told him not to call police or he would come back and kill him. The victim managed to free himself and ring police from a neighbour's house.

Nicholson initially denied any involvement but later said he went to the victim's home to scare him as he had been spreading rumours in the community.

Judge McDonald said the court must recognise the fact Nicholson was prepared to give evidence against the alleged co-offender, who has yet to enter pleas.

Earlier, Crown prosecutor Nicole Dore submitted a starting point of between seven and nine years in jail, because the attack was serious and premeditated, although unsophisticated.

The fact Nicholson and the alleged co-offender were arrested a couple of hours after the home invasion did not undermine the seriousness of the offence, she said.

Nicholson's lawyer, Arthur Fairley, said his client fell into a bad lifestyle and was truly sorry for his actions. He said there was no question Nicholson let down himself and his parents, who were in court. Mr Fairley said Nicholson was a young man, co-operated with police and had a supportive family.

Judge McDonald sentenced him to four years and four months in jail.