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When Lewis Pipitolu mounted the kerb with his vehicle and sped towards a group of Mongrel Mob associates, all of his targets dove out of the way – except for a child.
The 13-year-old Taranaki boy was struck from behind as he ran from Pipitolu, an affiliate of the Auckland-based street gang, Crips.
The then 25-year-old drove along the footpath at around 45km/h, headed for his rivals, the New Plymouth District Court heard on Wednesday.
On impact, the child, whose family are associated with the Mongrel Mob, was thrown at least six feet into the air before crashing onto Pipitolu's BMW and then onto the ground.
Pipitolu continued to accelerate and fled the scene, stopping 600m up the road to check for any damage to his car and then immediately leaving New Plymouth for Auckland.
Earlier on the day of January 31, 2020, Pipitolu and his brother were seen at a property in Bell Block, a suburb of New Plymouth in which a number of Mongrel Mob members were known to be congregating at the time.
The brothers were "coming and going" from the address, loudly revving their vehicle and performing skids on the street.
Hours later, a heated exchange took place between the two groups and Pipitolu was told to leave the area.
He heeded the warning – but only for a short time.
When he later got wind that there was a group of Mongrel Mob members walking around Bell Block, he, and a second car containing his associates, set out in search of them.
Once Pipitolu caught sight of the group, he drove past them at speed, then performed a U-turn to direct his car at his targets.
Lewis Pipitolu appeared in New Plymouth District Court on Wednesday. Photo / Tara Shaskey
He then accelerated heavily and headed towards them, running down the child.
Following the attack, the boy was taken to Taranaki Base Hospital for treatment.
He suffered significant grazing to his arms and back, was diagnosed with a concussion, and had blood in his urine from internal injuries.
Pipitolu was arrested the following month in Auckland, where he resides.
His partner and brother were also charged in relation to the incident but those charges were later dismissed.
In court, defence lawyer Julian Hannam argued for home detention, submitting Pipitolu had turned his life around since the offending and such a sentence would support his positive progress.
He had also spent two years and two months on bail for which Hannam sought around eight months credit.
But Crown prosecutor Justin Marinovich said Hannam was "credit creeping" in an effort to get the end sentence into the range where home detention could be considered.
Marinovich described the offending as gang warfare and said Pipitolu's actions were a serious and deliberate attempt to "run down rival gang members".
"It's only through luck that the injuries suffered by the young victim weren't more serious."
Judge Gregory Hikaka adopted the Crown's start point of five years' imprisonment, saying the offending included a moderately high level of premeditation.
"You and your group were out looking for these people and when you located them you made it clear, and indeed did, visit your vengeance on this 13-year-old, the only one who wasn't quick enough to get out of the way."
Judge Hikaka pointed out Pipitolu had driven off without checking on the child, which he described as callous.
He acknowledged Pipitolu had since accepted the "wrongness" of his behaviour, but said the offending still needed to be denounced.
On admitted charges of injuring with intent to cause grievous bodily harm and failing to stop or ascertain injury, he sentenced Pipitolu to three years' jail.
A 12-month driving disqualification and a first strike warning were also imposed.
