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escalating violence in our community
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Sensible Sentencing Trust
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Assault of an Invercargill man in the course of a burglary in December 2005
Previous convictions for assault
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Brendon Paul Eastwood
none known
Born 1983
unknown
Sentenced to five years in August 2006
Reduced on appeal to four years in September 2006
Background
From Southland Times story 3rd August 2006
Two burglars who turned on an Invercargill homeowner in a frenzied attack were sent to jail for their crimes after appearing in the Invercargill District Court yesterday. Cheyenne Stacey Hiko, 23, and Brendon Paul Eastwood, 18, attacked Daniel Beck at his Scandrett St home when he caught them during a burglary at 2am on December 30. Crown prosecutor Mike Mika said the unprovoked attack caused "horrendous" injuries when Mr Beck was beaten to the ground and kicked in a frenzied attack.
Judge Stephen O'Driscoll said the men made a clear decision to attack Mr Beck in his driveway after leaving the house and continued to attack him despite his pleas to stop. Mr Beck suffered a fractured eye socket, gashes to the face and head and massive torso bruising. When police arrived, they found him bleeding heavily from the head and concussed, the judge said. Hiko and Eastwood were subsequently charged with burglary and injuring with intent to injure. The man was still having headaches seven months after the attack.
Defence counsel Phil McDonald said the burglary, carrying a maximum 10-year jail term, could be treated as secondary to the assault charge -- with a maximum five-year jail term -- because group assaults were treated more seriously. However, Judge O'Driscoll said it was impossible to see the burglary as just an aggravating feature of the assault. "This is a placid illustration of why courts impose deterrent penalties. If you invade a property, you run the risk of being confronted by (an occupant). When that confrontation occurs, violence can occur and that's exactly what happened in this case." Eastwood was sentenced to three years' jail while Hiko, who had previous burglary and violence convictions, was sentenced to five years' jail.