Joseph Martin at his sentencing during 2017 on charges of being an accessory after the fact to manslaughter and attempting to pervert the course of justice. Photo / Northern Advocate
Joseph Martin at his sentencing during 2017 on charges of being an accessory after the fact to manslaughter and attempting to pervert the course of justice. Photo / Northern Advocate
Joseph Martin had already left his partner unable to walk when he stomped on her ankle - and he inflicted further violence the next day when he beat her with a metal walking stick.
The beating last November was so severe she suffered two broken fingers, extensive bruising, swelling and welts to her body, a large blood clot to her right ear and a gash to her foot that needed stitching.
It has now resulted in yet another conviction for Martin, 47, who has an extensive criminal history. He already had at least 111 convictions when he was jailed in 2017 for being an accessory after the fact to manslaughter and attempting to pervert justice.
Martin was sentenced recently in Kaikohe District Court for the attack on his partner, receiving four months of community detention with an 8pm–6am curfew and 12 months of intensive supervision with judicial monitoring.
Judge Brandt Shortland said the sentence was a "reward" for Martin's voluntary engagement and progress with a rehabilitative programme in Rotorua - "not just for a month or two, for almost a whole year".
It reflected the principles of the Te Ao Marama approach being developed in New Zealand courts.
"You have complied with everything that has been asked of you. You have done the rehabilitation beforehand and if we are looking at the issues of Te Ao Marama and the accountability that comes from that, we have got to find this balance," the judge said.
Martin pleaded guilty to injuring with intent, threatening to kill, and assault with a weapon – a crutch.
His assaults on her began with an argument last November 10. Martin started kicking the woman while she was standing then after she fell to the ground, stomped on her ankle and foot.
She was using crutches to get around the next day when they argued again after he accused her of smoking methamphetamine. He threw a plastic container at her, which hit her in the head.
The argument continued and Martin got angrier. He picked up one of her crutches and hit her with it all over her body, continuing while she was on the ground.
His accompanying threat to kill her left her fearing for her life but she managed to escape.
Judge Brandt Shortland said a non-custodial sentence was a "reward" for a man who apologised to his community for his offending and engaged long term with a rehabilitative programme. Photo / NZME
"In anyone's language, this is serious offending and I'm mindful of that," Judge Shortland said.
The offending was aggravated by the betrayal of trust towards a vulnerable victim, the violence, cruelty, use of a weapon and Martin's extensive criminal history.
But a "long list" of mitigating features, included Martin's genuine remorse and his voluntary attendance at a rehabilitation programme in Rotorua for the past year, which had brought his leadership qualities to the fore.
He noted Martin's partner – his fiancee - was fully supportive of him.
The judge said his partner looked "way better" when she addressed the court during the sentencing hearing than she had in the photos he had seen of her shortly after the assaults.
He noted she had "more or less done pretty much the programme herself one way or another indirectly in support of you. So that says a lot.
"You want to be together. That says a lot as well."
He told Martin he felt his remorse, "I feel your wairua [spirit] as you speak, as you gave your karakia [prayer].
"Those who are here to tautoko [support] you in the room, they bring a wairua from your programme. That is I think, quite important to acknowledge.
"The fact that you fronted your people in Moerewa, you offered an apology there too. It takes a lot of kaha to do that and you had to bear some challenges from your whānau, including your own kids.
"You have faced your people in a special hui where you apologised. They are all our people. They are my relations too. That is not easy, but it is real and that is part of the journey or the hikoi [walk] that you are on," Judge Shortland said.
The sentence starting point had to be a term of imprisonment but he would step back from imposing it as an endpoint because "it is quite rare for someone to do the rehabilitation upfront before they actually get sentenced".
Sentence discounts totalled 70 per cent – 25 per cent for Martin's early guilty pleas, 15 per cent for matters raised in a cultural report, 10 per cent for almost 12 months Martin spent on electronically monitored bail and a month on remand in custody, 5 per cent for his participation in restorative justice, and a further 15 per cent for his remorse and rehabilitative efforts.
The community detention sentence would be served at the trust where Martin was currently undergoing the rehabilitative programme. Intensive supervision would allow him to finish that programme, the judge said.
Martin's 2017 conviction related to a much-publicised case in which he helped to get a young gang prospect to try to take the rap for two Mongrel Mob associates who beat fellow gang member Lee Rata to death after he turned up uninvited to one of the men's weddings and argued with guests.
FAMILY VIOLENCE
How to get help
If you're in danger now:
• Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:
Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7) Shine: Helpline - 0508 744 633 (available 24/7) It's Not Ok: Family violence information line - 0800 456 450 Shakti:Specialist services for African, Asian and Middle Eastern women and children. Crisis line - 0800 742 584 (available 24/7) Ministry of Justice: For information on family violence Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services White Ribbon: Aiming to eliminate men's violence towards women
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