Terms for stomping death cut, increased

Three of the men convicted of manslaughter for a foot-stomping assault have had their jail terms reduced, but three others have had their sentences increased.

Wayne Kerry Bray, 26, was chased and attacked by six men after walking past a party in Timaru on February 2 last year.

He was beaten and stomped around the head, and died in hospital four days later.

Mr Bray's attackers were found guilty of manslaughter in the High Court at Christchurch last year and were sentenced in February.

Justice Mark Cooper deemed John Oliver Jamieson, 21, Daniel Raymond Kreegher, 20, and Simon Anthony Anglem, 18, to be the principal offenders. They received sentences of nine, eight and seven years respectively.

Morgan Christopher James Parker, 18, Ashley Jordan Moffat, 18, and Nicholas John Peters, 19, were deemed secondary offenders, and were each sentenced to four years and six months.

Lawyers for the principal offenders lodged an appeal in March, arguing that the 4-year disparity between the highest and lowest jail terms was too great.

They also challenged the nine-year starting point in sentencing, and the adequacy of allowances made for pre-trial offers to plead guilty to manslaughter.

The Crown also appealed for higher sentences for the secondary offenders, also arguing a disparity in sentencing.

The Court of Appeal issued its judgment on the sentences yesterday after reserving its decision on October 6.

Justices William Young, Graham Panckhurst and Alan MacKenzie ruled that the disparity between the sentences was too great.

Jamieson's sentence was reduced to eight years with a four-year minimum period of imprisonment, Kreegher's was reduced to seven years and eight months, and Anglem's to seven years and five months.

Parker, Moffat and Peters had their sentences increased to five years and six months.

Justice Panckhurst said there was limited scope to differentiate between the roles each man had played in the attack, so widely different sentences for the primary and secondary offenders were not appropriate.

The nine-year starting point in sentencing the primary offenders had been appropriate because of the level of violence, he said.

But the sentences had not adequately taken into account the pre-trial offer of a guilty plea, and were reduced accordingly.

The judges also removed minimum terms of imprisonment from Kreegher's and Anglem's sentences because they added to the disparity.

But they upheld Jamieson's minimum term because of his age and previous convictions for assault.

Ruling on the secondary offenders, the justices said the six-year starting point in sentencing was too low. It was raised to seven years.

- NZPA