A man enraged at being the subject of ridicule at a party left and returned with a sword, intent on seeking revenge on those who wounded his pride by inflicting harrowing acts of violence.
By the time the 40-year-old was done, two people were injured, including one who suffered a fractured skull.
At sentencing at the Whangārei District Court, details regarding that night were laid out which saw Duane Ellis charged with one count of wounding with intent to injure and one of wounding with reckless disregard.
On December 2, 2022, Ellis and a friend attended a farewell party, an occasion that was supposed to be filled with goodbyes and fond memories.
As party-goers tried to intervene and protect Taylor, Ellis took a swing with the sword and struck him in the head, resulting in a fractured skull and a 7cm gash.
The violence didn’t stop there.
Ellis’ associate began attacking a second victim, Garry, sending him to the ground then using his fists and feet to attack him.
Ellis, wielding the bent-tipped sword, struck Garry in the back, causing a 10cm-deep and 6cm-wide wound that required stitches, forcing him to take seven days off work.
Taylor, the victim with the fractured skull, continued to suffer nightmares and had to take extended leave from work, while Garry experienced physical and emotional trauma.
The homeowner, who was caught in the crossfire but not injured, was also deeply affected by the incident, which created social anxiety and psychological distress. The trauma of being left with the task of cleaning up the gruesome attack also had a significant impact on her.
Crown lawyer Danica Soich said the high level of premeditation, the combination of an attack with a sword to the head and Ellis’ lack of remorse were aggravating features that should see him sent to prison.
“The victims were not known to him. Someone’s head was fractured - that’s about as serious as it gets,” Soich submitted.
Defence lawyer Jarred Scott said the exact words exchanged that night remained unknown, but it was evident insults and grievances had fuelled the conflict.
After reading Ellis’ pre-sentence report, Judge Gene Tomlinson said the effects of growing up in apartheid-era South Africa had an influence, and the judge was concerned about Ellis’ attitude toward the victims.
“You also told the report writer, ‘He was only in hospital for hours so wasn’t hurt that much’.
“The violence you experienced in apartheid in South Africa towards your father - if someone is going to cause you harm, the response is swift and violent. That’s the way to deal with it, because that’s the behaviour you were modelled,” Judge Tomlinson said.
Ellis was hopeful he would be given a sentence of home detention, but due to the overwhelming aggravating features of the assault, Judge Tomlinson was left with no other option but imprisonment, and sentenced him to three years and four months in jail.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.