Teen Mongrel Mob member Tana Ormsby-Turner was jailed for his involvement in the murder of an Uru Taha prospect. He is now eligible for parole.
A teenage Mongrel Mob member involved in the murder of a young father lied to keep himself out of prison and then battled the Crown when it appealed to put him behind bars.
Despite his efforts, Tana Ormsby-Turner was locked up after much debate over his prospect of rehabilitation and whether it could be achieved in jail.
Now, the 18-year-old has rejected the chance at an early release and has instead carried out violent acts on other inmates, clocked up several misconducts, and has yet to complete any treatment.
But that sentence was set aside and replaced with one of two years and 10 months imprisonment, taking into account the time he had already spent on home detention, after the Crown challenged it in the Court of Appeal.
Ormsby-Turner was initially charged with murdering Marshall but went on to plead guilty to reduced charges of being an accessory after the fact to murder and wounding with intent to cause grievous bodily harm.
Marshall, a 23-year-old father-of-two, was hit several times in the head with a claw hammer by Ormsby-Turner, then 16.
Only moments earlier, the teen’s brother, Turanganui Ormsby-Turner, president of the Mongrel Mob’s West Coast chapter, stabbed Marshall, a prospect of rival gang Uru Taha, in the torso with a hunting knife.
While the hammer blows fractured the back of Marshall’s head, it was the stab wound that caused Marshall’s death on August 3, 2022, in Taranaki.
Ormsby-Turner also went on to cover up the murder by disposing of evidence at the instruction of his brother.
While awaiting sentencing, Ormsby-Turner was patched into the Mongrel Mob, complete with the gang’s insignia tattooed on his back.
However, he lied to report writers, who were collecting information to inform the sentencing, by claiming he had cut ties with the gang, in an attempt to manipulate the sentencing process.
In sentencing Ormsby-Turner, Justice Francis Cooke focused on his prospect of rehabilitation, which he said could not be achieved in prison.
On appeal, Crown lawyer Ian Auld submitted that approach failed to address the teen’s continued desire to associate with the gang, which indicated there was no chance he could be rehabilitated.
Ormsby-Turner’s lawyer Kylie Pascoe argued no error had occurred at sentencing. She submitted a report showed Ormsby-Turner’s moral compass was not damaged irreparably, he had demonstrated genuine remorse for his offending against Marshall, and he was not beyond being rehabilitated.
The Court of Appeal found a higher starting point should have been adopted at sentencing and the suitable discount for personal mitigating factors was 30%, not the 45% afforded by Justice Cooke.
It ruled credit for remorse should not have been given and only a small discount for rehabilitation could be justified.
“It is our view that Tana’s prospects of leaving the Mongrel Mob and adopting a more prosocial lifestyle are currently very low, regardless of whether he is sentenced to imprisonment or home detention,” the Court of Appeal found.
In the Parole Board’s report, it noted that Ormsby-Turner had yet to complete any treatment and had no approved address.
It said he has been involved in two assaults on other inmates and three other “misconducts”.
“We are concerned to ensure that Mr Ormsby-Turner’s progress through prison continues in a positive way so that he can reduce his risk of reoffending prior to his release.
“We consider that given the young age at which Mr Ormsby-Turner was involved in serious violent offending we require a psychological risk assessment.”
The board scheduled him to appear in March next year. This would allow time for the risk assessment, which assesses Ormsby-Turner’s risk of reoffending, makes treatment recommendations and considers a release proposal, to take place.
“We encourage Mr Ormsby-Turner to appear before the next Board so that the pathway forward for him can be discussed with him.”
Turanganui Ormsby-Turner was jailed for life with a minimum period of imprisonment of 10 years and six months for murdering Marshall.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.