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Daniel Kelly
.
Involved in the home invasion and killing of a Gore man in April 2004
John Ewan Campbell
Jonathan Black was the lead offender
Michael Christie
none known
Born 1986
unknown
Sentenced to just five years and a half years in June 2005
First eligibility for parole was April 2007
Due for statutory release December 2010
Background
Southland Times story here here
Two young men who played a part in a violent burglary that led to the death of 76-year-old Gore man John Ewan Campbell last year were sentenced to jail when they appeared before Justice Hansen in the High Court at Invercargill yesterday.
Daniel George Graham Kelly, 19, was jailed for a total of five and a half years and Michael Anthony Christie, 24, for three years for their part in the events on April 11 last year. Kelly had earlier admitted manslaughter and aggravated burglary, while Christie had admitted aggravated burglary.
In final submissions, crown prosecutor Sarah McKenzie recommended a starting sentence of seven to 10 years' jail for Kelly and five to six years for Christie. Submissions from defence counsel Bill Dawkins, for Kelly, and Andy Woods, for Christie, pointed to both offenders being of weak mental character, which allowed them to be easily dominated by Jonathan Michael Black, 27, who has denied charges of manslaughter and aggravated burglary and is yet to appear for trial in the High Court.
Mr Dawkins and Mr Woods also said Kelly and Christie, who is Black's half-brother, had each asked Black for an assurance there would be no violence during the burglary of Mr Campbell's Elizabeth St home. However, Justice Hansen said the fact they even asked pointed to the expectation that violence may occur.
Mr Campbell was a man of outstanding and unusual generosity who, because of that, had been abused by some members of the community, Justice Hansen said. On June 11 last year, Black, Kelly and Christie decided to go to Mr Campbell's house to get money. Christie was to act as driver. Kelly was to knock on the door and ask Mr Campbell if he could use the phone, Justice Hansen said.
However, when they arrived, Kelly wrestled Mr Campbell to the floor where it is alleged Black began to kick and punch him while demanding money. When that did not work, Black allegedly told Kelly to find a knife to threaten Mr Campbell with so they could get his bank card and pin number, Justice Hansen said.
Christie had remained in the car and was not aware of what was going on in the house. The knife threats worked and Kelly and Black disabled Mr Campbell's phones as they left so he could not contact police. Mr Campbell was admitted to hospital the next day and later discharged.
He died two weeks later from a brain haemorrhage caused by the assault. Justice Hansen said the victim impact statements written by Mr Campbell's family contained the sorts of emotions and tragedy all too familiar in courts around New Zealand.
"They have lost a beloved family member ... of extraordinary generosity. One so generous he was abused and taken advantage of in this particular crime. There is a great sense of loss, not just in the family but in the wider community. It had been worse for the family, who had to make the decision whether to take Mr Campbell off life support", he said.
"Something (the offenders) are unlikely to understand."
Kelly and Christie's behaviour were typical of criminals who abused alcohol and cannabis and struggled to find employment, he said. Justice Hansen said he accepted submissions that Black was the ringleader of the robbery, that it had been his idea and that he was a man of such character that men like Kelly and Christie would be in fear of him.
However, that did not mean they were not responsible for their actions that day. Kelly was sentenced to concurrent jail terms of five and a half years for manslaughter and three years for aggravated burglary.
