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Jesse Atkinson
.
Manslaughter of Christchurch man George Smith in December 2004
Also another assault the same night
George Smith
none known
Born 1984
Prison
Sentenced to seven years with a four year non-parole period in September 2005
Eligible for parole from January 2009
Statutory Release Date January 2012
Background
From Christchurch Press story September 2005 here
A teenager is beginning a life sentence for the murder of a defenceless man at a Boxing Day barbecue.
James Te Aroha Hoet, 18, said he attacked George Archibald Smith, 57, to avenge a supposed attack on his mother, but the prosecution told the High Court jury in Christchurch that Smith had nothing to do with the attack and Hoet knew it.
The jury yesterday found Hoet guilty of murder after deliberating for six hours. Justice Panckhurst sentenced Hoet to life imprisonment after the prosecution indicated that it would not seek a minimum non-parole period beyond the mandatory 10 years.
Hoet's older brother, Jesse Te Aroha Atkinson, 21, was found guilty of manslaughter for his part in the attack and has been remanded in custody for sentence. During the trial, he pleaded guilty to a charge of injuring with intent to injure another partygoer, Richard Dooling. The court was told the brothers were part of a group of four youths that remained at an otherwise pleasant family barbecue at a Belfast house on December 26 last year. Accounts by witnesses varied wildly, but the court was told that Hoet complained about having to live on the streets and Atkinson became agitated that Dooling claimed to know a lot about Aranui, an area Atkinson considered to be his "hood".
Their actions exploded into violence late that night when only a handful of people were left. Smith, who had been drinking heavily and fell asleep on a couch, woke up, went into the room and was accused by Hoet of attacking his and Atkinson's mother at a funeral months earlier. Hoet claimed Smith agreed he was responsible, after which he was punched to the ground and then repeatedly kicked in the head and torso.
Pathologist Martin Sage said Smith suffered an unsurvivable head injury, involving at least eight blows, and dozens of blows to his torso. There was little sign of defensive injuries from attempts to ward off the blows, backing the prosecution claim that Smith was effectively unconscious as he lay on the floor during the fatal attack.
Hoet admitted kicking Smith twice in the head, but one witness said Hoet attacked Smith, stepped back and jumped on his head with both feet, then continued kicking him. Atkinson took part in the attack on Smith, then turned and assaulted Dooling.
During the trial, an extra witness contacted the police after seeing reports about Hoet's claim that his mother was attacked by Smith. Craig Michael Jones, 39, a sickness beneficiary, said there was "no doubt at all" that Hoet and Atkinson had both heard the day before the barbecue that Smith had nothing to do with the attack on their mother.
