On the night of April 19 this year, Oliver – who had just turned 18 – and three of his friends were in Richmond, south of Nelson, when the victim and some friends drove past. Words were exchanged between the two groups, leading to an “escalation in behaviour” from Oliver’s group.
His lawyer, Steven Zindel, said a bottle was thrown at Oliver’s car – his pride and joy – and being young and immature he took umbrage at that.
Judge Richard Russell said in sentencing in the Nelson District Court on Monday that the police summary revealed some “appalling behaviour” but essentially Oliver’s group had chased the victim around Richmond on foot, before catching him near a primary school, throwing him to the ground and assaulting him.
Zindel said Oliver and his friends then “hazed” (ridiculed) the victim by forcing him to strip to his shorts and underwear while a co-accused filmed what was happening.
Judge Russell said the assault, including the victim being kicked in the head, and the abuse continued as he lay on the ground before he was “put in the back of a truck” (later described as a ute) where various threats were made and where he was forced to take off his shirt, had his shoes taken from him and was “hit” with his socks while being filmed on a mobile phone.
The group ended up in a nearby field where the victim, wearing only his shorts and underwear, was ordered to do 100 star jumps followed by 100 burpees. Being afraid, he complied as the filming continued.
The humiliation appeared online and was seen by a 14-year-old girl who was upset by the live streaming and told her parents who intervened by alerting the police.
Oliver later told police the victim’s actions linked to a bottle being thrown had “made him furious”. However, he said he hadn’t assaulted him in the field, and couldn’t recall what happened in the back of the ute.
Judge Russell said Oliver should be “thoroughly ashamed” of his behaviour, particularly as the victim’s mother had revealed her horror and panic over what had happened to her son.
He said matters had been made worse by the humiliating events posted online, which had been traumatic for the victim’s mother as well.
Judge Russell, who was also overseeing the cases of the co-accused, said Oliver’s position was more serious because he was the oldest, having just turned 18 a few days earlier.
“It was simply dreadful behaviour by all four of you over an extended period.
“Whatever the provocation there was no excuse – no justification for behaving this way.”
Oliver was sentenced to four months of community detention with a night-time curfew from 10pm to 4am plus 100 hours of community work and six months’ supervision.
He was also ordered to make a $500 emotional harm payment to the victim.
Judge Russell said Oliver had the benefit of some good factors in his life, including a supportive family, and he had a job, but he had to realise that the behaviour “simply would not be tolerated by the community or the court”.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
