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escalating violence in our community
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Sensible Sentencing Trust
.
Smashed a bottle across the face of a New Plymouth man causing grevious bodily harm in March 2008
Also drink driving
.
.
none known
Born 1986
Prison
Sentenced to 4 years 4 months with a 2 year 8 month non-parole period in June 2008
Background
From the Daily News June 26th 2008
"COOL, cheers mate," was all Levi Hemi Clarke had to say to Judge Fred McElrea after being sentenced to four years and four months' jail.
The 22-year-old Waitara forestry worker was sent down for a variety of offences at Bell Block's De Havilland Dr, a popular boy racer haunt.
The worst offence involved Clarke smashing a bottle across the face of his 18-year-old victim, cutting him from his ear to his eye. In the New Plymouth District Court yesterday, Clarke, who spent most of the sentencing with his hands down his pants yawning as he looked out the window, was given four years' jail for the wounding with intent to cause grievous bodily harm.
Both young men, along with 30 or 40 other boy racers, were in different groups on opposing sides of De Havilland Dr late on March 29 when they started throwing bottles at each other. Upset at what was going on, Clarke grabbed a bottle in each hand and walked over to the victim, who was holding a crowbar, and attacked him. A large fight then broke out before the victim was taken to hospital. He required an operation to clean the glass out of his gaping wound and stitch up a large piece of his face that was left flapping. When police asked Clarke to explain why he had attacked the victim, he said they "shouldn't have thrown bottles at us".
Several weeks later, while he was out on bail, Clarke was again stopped by police at De Havilland Dr after they were called to trouble involving 150 boy racers. After failing a breath test, Clarke got back in his car and tried to drive off while the police officer was leaning in the window trying to remove his keys.
The constable managed to pull himself out just before Clarke rammed another car and drove off. He was arrested a short distance away after he abandoned his car. His breath alcohol level was found to be 793mcg, well above the legal limit of 400mcg. Defence counsel Julian Hannam argued his client had been provoked into the bottle attack, something the judge rejected. "He chose to cross the road and sort these people out," Judge McElrea said. In sentencing Clarke, Judge McElrea also imposed a minimum two-third non-parole period on the assault charge, telling the defendant he was "extremely fortunate" that the victim's injuries were not more serious. He added four months' jail for the drink driving and the remittance of $14,856 in outstanding reparation.