'Wrong message' on hammer attacker

Toma Lauaki

A hefty reduction in the prison term handed down to the man convicted of a hammer attack against Auckland truck driver Barry Fletcher could send the wrong message to those pre-disposed to road rage, says a Massey University researcher.

Mark Sullman says Justice Rodney Hansen's ruling - which slashed 18 months off Toma Lauaki's five-year sentence - could "to some extent" appear to be tolerant of road rage attacks.

"It would seem, from what the judge says ... it is more understandable that you react in an extremely dysfunctional manner."

Dr Sullman - who has studied the situations that most anger drivers - said Lauaki's attack was at the top end of road rage attacks.

Justice Hansen ruled in the High Court yesterday that the original sentence imposed on Lauaki for the August assault was out of proportion to the seriousness of the attack, and reduced his sentence to 3 years.

Lauaki, 35, carried out the attack after Mr Fletcher overtook, then cut in front of, Lauaki and his family, forcing their vehicle partly off the road.

Mr Fletcher suffered a broken leg and ankle, a broken wrist and deep bruising to his right arm and spine in the attack, which was caught on security cameras and later broadcast nationwide.

In his reserved decision, Justice Hansen said: "The violence was serious, but not extreme - three blows in all. The injuries inflicted were not life-threatening or permanently incapacitating ... The degree of premeditation was at the lower end of the scale."

Justice Hansen's ruling is likely to reduce the time Lauaki will spend in prison by about six months, meaning he could be eligible for parole as early as next February.

If home detention - usually granted when an inmate has three months left to serve - were approved, Lauaki could be released by October or November, his lawyer, Frank Hogan, said yesterday.

Lauaki's victim said last night that he was not troubled by the sentence reduction.

"I think it's reasonably fair and balanced, considering my injuries," Mr Fletcher said.

"It has to be held in balance. At the end of the day, I got some broken bones but I came through it reasonably okay."

Mr Fletcher said he believed the original sentence had been "a little on the heavy side", and thought the new term was acceptable.

Mr Fletcher has returned to his driving position.

He said he had long since come to terms with the attack.

"I have had plenty of time to think it all through and understand it.

"I think I was just in the wrong place at the wrong time."

But Sensible Sentencing Trust head Garth McVicar criticised the decision for "sending totally the wrong message".

The reduction in Lauaki's prison time had removed the deterrent element of the sentence, he said.

"I think it has just given people carte blanche, if they feel aggrieved about something, to take the law into their own hands."

Mr McVicar said Justice Hansen had got it wrong and said appeal judges were out of touch with reality.

The judge should have added 18 months to Lauaki's sentence, rather than deduct it, he said.

"They have the ability to lengthen, as well as shorten it ... In this case, the appeal judge failed the wider community."

Mr Hogan said Lauaki was "very pleased and relieved" by the decision.

"He is looking forward to being reunited with his family.

"He is very pleased that his point of view has been accepted by the judge."


Road rage ... and how to avoid it

* Do not provoke other drivers with gestures such as the fingers.
* If you are in the wrong, acknowledge it.
* Do not tailgate.
* Co-operate with other road users.
* Be courteous to other motorists.
Source: Massey University road rage researcher Mark Sullman.