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A gang associate who carried out a prolonged attack with a boxcutter knife on a man wrongly considered a "nark" has failed to have his jail term overturned.
However, Daniel Eliu, who the Auckland District Court in February sentenced to 11 years' jail for his part in the prolonged slashing of Keith Chubb's face, arms and body, succeeded in overturning a cumulative sentence of four months for unpaid fines.
Instead, the Court of Appeal has told him he will have to pay the $8303 in fines.
Eliu kidnapped Mr Chubb and took him to Head Hunters gang prospect Mossy Hines, who believed Chubb had told police about his possession of a loaded pistol.
Chubb was slashed across the face, chest and elbow with the knife and the two men were later convicted of kidnapping and wounding with intent. Chubb received 12 years' jail.
Justices Robert Chambers, Graham Panckhurst and John Fogarty in the Court of Appeal said District Court Judge David Wilson had no jurisdiction to remit $8303 of more than $10,000 in unpaid fines. The four-month sentence was quashed and the fines reinstated.
But the justices said the judge was right to regard the offenders as equally culpable in the attack, and the terms were appropriate.
"The sentencing response was stern, but this was a particularly bad crime of its kind," they said in the decision released today.
- NZPA
