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Two Mongrel Mob gang associates who were in the back of a car from which a bullet was fired killing a Wanganui toddler last year were each jailed for seven years today.
In the High Court at Wellington, Justice Warwick Gendall said the attitude of James William Challis, 20, and Tyrone Temappi Box, 19, since the May 5 incident was likely to keep them locked up well beyond the four-year non-parole period he enforced.
Both men pleaded guilty to manslaughter and being part of an organised criminal group after the incident, in which two-year-old Jhia Te Tua died while sleeping on a sofa at the suburban Gonville home she lived at with her parents.
Challis and Box showed little emotion after the sentencing, which was passed down in front of an almost empty public gallery.
They were part of a group of what Justice Gendall described as "14 thugs in three vehicles" who drove to the house to exact revenge on Black Power gang members.
Two others, Hayden Wallace and Karl Unuka Check, pleaded guilty to the murder of Jhia but later applied to vacate the pleas.
Check's withdrawal was allowed and he faces trial, while Wallace waits for his application to be heard.
Others have been sentenced on lesser charges associated with the killing.
In court today Justice Gendall described the tension between the Black Power and Mongrel Mob gangs in Wanganui that came to a head on the night of the shooting.
During the lead-up to the shooting the gangs had clashed on at least two occasions - at a rugby league match and later in another part of the city.
The "macho posing by thugs" was typical behaviour and ended up escalating into something which had huge consequences.
"Citizens were entitled to expect it didn't continue, but lawless gangs had no appreciation of that," Justice Gendall said.
He said two bullets were fired at the house, followed by a third which went through a lounge window and sofa and into the body of Jhia.
He said both Challis and Box had troubled pasts, drugs and alcohol playing a big part in their lives that was reflected in their criminal histories.
Box had a previous conviction for robbery and had been in trouble for community work breaches, while Challis had convictions for aggravated robbery, assault, burglary, theft, drugs and threatening behaviour.
The latter had shown little remorse or insight into the effect of his offending and seemed to believe gang violence was acceptable, the judge said.
Box's attitude was that the Black Power gang had started the conflict and his only regret was that it was a child who ended up the victim.
"That sort of attitude will not be tolerated in a civilised society," Justice Gendall said.
He said both were linked to the Mongrel Mob and it was unfortunate that young people in gang environments so often ended up with their lives being ruined.
Box's lawyer Roger Crowley said he was indeed a "pawn" in the wider gang conflict and junior associates were often thrust to the forefront of violent crime by more seasoned criminals.
Challis' lawyer Mark Bullock said his client was not involved in much of the violence leading up to the shooting and although he was aware of the firearm in the car, he had only anticipated it being used to intimidate.
Both lawyers argued for a sentence of six years or less while crown lawyer Dale La Hood argued a sentence in the 10 to 12-year bracket was appropriate.
- NZPA
