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escalating violence in our community
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Sensible Sentencing Trust
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Manslaughter of a Stratford man in October 2002
Assaulted a prison officer in September 2003
Dean Richard Kendall
.
none known
Born 1978
unknown
Sentenced to 2 years 1 month in July 2003
Since released
Background
From the Daily News 11/07/2004
A Stratford chef was sent to jail for two years yesterday for killing a man outside the Axeman's Inn in the town last year.
Kahui Justin Warren Cassidy (24) stood emotionless in the New Plymouth High Court as Justice Paterson sentenced him for the manslaughter of Stratford freezing worker Dean Richard Kendall (36). Cassidy last month pleaded guilty to manslaughter following an assault on October 27, 2002. Mr Kendall fell heavily and did not recover from head injuries he sustained. He died in Wellington Hospital three days later. More than a dozen family and friends of Mr Kendall sat near Cassidy's family in the public gallery. Members of both families sobbed as Justice Paterson described how the victim was attacked.
Crown prosecutor Chris Wilkinson-Smith told the court that the attack involved street violence and was in retribution, not self- defence. He described the huge impact the death of Mr Kendall had had on his widow, who was left to bring up their two children alone. Mr Wilkinson-Smith said the Crown believed a sentence of 2 years six months to four years jail would be appropriate.
Defence counsel Peter Brosnahan said Cassidy could never justify his actions but had co-operated with police following the incident. "The impact on him has been hugely devastating," Mr Brosnahan said. He described the restorative justice conference between Cassidy and Mr Kendall's family as the hardest and most stressful thing his client had done. "It is a matter of great tragedy that a man of this quality appears before the court. But a price has to be paid and Mr Cassidy is fully aware of that."
Justice Paterson said he accepted that, if Mr Kendall had not died, the subsequent assault charge would have been at the lower end of the scale. "The widow, however, describes the time as an absolute nightmare. She still has trouble eating and sleeping at times," Justice Paterson said. Justice Paterson said he had no doubt that alcohol had played a major part in the incident. Mr Kendall's family expressed disappointment at the length of the sentence but did not want to comment further.