KEY POINTS:
Two youths whose attack on a man at a Rotorua party was recorded on a cellphone have to pay the victim more than $10,000 in reparation.
Ezekiel Wharepapa Macfarlane and Riki Campbell Collier, both 19, kicked and punched Bradley McNamara on June 24 last year, leaving him with a broken jaw and damaged eye socket, both of which required surgery.
Mr McNamara has since moved away from Rotorua because of what happened, Judge Chris McGuire was told in the Rotorua District Court yesterday.
He sentenced Macfarlane and Collier, who previously pleaded guilty to wounding with intent to injure, to 12 months' home detention.
He also ordered them to each pay $5232 in reparation to the victim within two years and to each complete 200 hours of community work.
The start of the sentence was delayed until October 24 to enable the youths' homes to be checked to ensure they were suitable for serving home detention.
At the 17th birthday party of Collier's girlfriend, Macfarlane and Collier attacked Mr McNamara as he was leaving. He was knocked to the ground and Collier punched him in the face and head at least three times before Macfarlane joined in, kicking him in the body and head.
Cellphone video footage of the attack, recorded by another partygoer, provided what police described as a "brutal" snapshot of what happened.
The court heard Mr McNamara had surgery at Waikato Hospital where four plates and 15 screws were inserted in his jaw to hold it together. Titanium mesh had to be put in his cheek to lift his eye socket and he now suffers vision problems.
He had to forfeit a year's study after the attack.
Appearing for Macfarlane yesterday, lawyer Olivia Brittain asked the judge to consider home detention.
Macfarlane's uncle, Kenneth Macfarlane, told the court his nephew was deeply sorry for his actions and had a lot of family support to help him make amends for his behaviour. His nephew had the chance to take on a building apprenticeship if spared prison.
In explanation for the offending, he said his nephew had been angry because the victim took the drug P to the party.
"He handed himself in to police and he has expressed his shame and remorse to his family. It was a spontaneous act ... a shameful act."
Appearing for Collier, lawyer Andy Schulze asked the judge to take into consideration that his client couldn't recall his part in the attack because he mixed prescription pills with alcohol that night.
He said Collier played a lesser role and had insight into his offending after seeking counselling for anger management. Collier's grandmother Peggy Shanks told the court he was a loyal young man who had addressed his problems.
Judge McGuire said it wasn't unusual for people to deny a brutal attack once faced with the reality of their offending but he rejected the victim taking P to the party as a reason for Macfarlane's offending and Collier's assertion he couldn't remember what happened.
"If I was to accept it, it doesn't provide justice for the victim and the brutal beating you both gave him," he said.
The judge took into account the lack of previous offending by the pair, their willingness to complete anger management courses and the support they had from family.
- DAILY POST
