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Assault, grevious bodily harm and wounding of a Waitara man with reckless disregard in August 2008
.
none known
Born 1987
Prison
Sentenced to 7 years 6 months in September 2009
Background
Taranaki Daily News, 5th September 2009
A WAITARA man who came within 5cm of fatally stabbing another party-goer has been sentenced to seven years six months' jail. Rawiri David Mathew Makatea, 22, was found guilty by a jury in July on charges of wounding with intent to cause grievous bodily harm, assault and wounding with reckless disregard.
Makatea stabbed Waitara man Daniel Spittal up to five times with a broken bottle after the pair argued at a party in the North Taranaki town in August last year. An emergency doctor testified at the trial that the deepest neck wound inflicted by Makatea was just 5cm from Mr Spittal's carotid artery and jugular vein. He said it would have been "catastrophic" for Mr Spittal if either had been severed. "It would almost certainly have ended in death," he said.
In the New Plymouth District Court yesterday, Crown prosecutor James Gurnick described the attack as an extreme example of violence. In asking for a sentence of seven years' jail, defence counsel Julian Hannam said the incident had been fuelled by alcohol and provocation after Mr Spittal had baited Makatea with gang taunts. Judge Allan Roberts called the gang taunts nothing more than childish comments. "The evidence of the doctor was chilling," he said.
The judge then outlined Makatea's previous criminal history which contained several convictions for violence. Makatea's co-offender, Evan Bradley Wrathall, 30, of Waitara, was sentenced to five months' home detention and 275 hours' community work. He admitted before trial a charge of assault with intent to injure after he punched Mr Spittal several times in the head and stomped on his chest.
Taranaki Daily News, 25th July 2009
A Waitara man faces up to 14 years in jail after being found guilty of stabbing another man five times with a broken bottle at a party last year.
In a unanimous verdict, the New Plymouth District Court jury of six men and six women decided in less than three hours that Rawiri David Mathew Makatea, 22, was guilty of all three charges: Wounding Daniel Spittal with intent to cause him grievous bodily harm, assaulting him and wounding Merekahe Goodwin with reckless disregard for her safety.
Makatea had stabbed Ms Goodwin on her eyelid when she and others went to rescue Spittal from Makatea's frenzied attack. Earlier, Judge Allan Roberts quashed Makatea's plea of self-defence. "I have determined that self-defence is not a defence that the accused can avail himself of," the judge told the jury. "I'm telling you to disregard it."
In closing, Crown prosecutor, James Gurnick, said that Mr Spittal was a very lucky man to have survived the attack at the party in Waitara on August 16, 2008. The doctor giving evidence had said it would have been catastrophic if a deep cut near the carotid artery on the back of his neck or nerves had been severed, Mr Gurnick said.
For the defence, Julian Hannam said the cut to Ms Goodwin was nothing more than an accident. "It is something he did not set out to do." Ms Goodwin had put herself into the line of fire which was not something Makatea could have foreseen, Mr Hannam said.
In summing up, Judge Roberts asked the jury to take its time in making its decision. The law now allowed for a majority verdict of a one-to-11 split, "but ideally we should be working towards unanimity". If they returned too early with a split he had directions to send them back, the judge said.
When the verdict was returned at 4pm, Judge Roberts remanded Makatea in custody until September 4 when both Makatea and co-accused, Evan Bradley Wrathall, 30, also of Waitara, would be sentenced. Wrathall had earlier changed his plea to one of guilty of assault with intent to injure Mr Spittal. Outside court, Mr Spittal, who attended most of the trial with his partner, said he was pleased and relieved with the jury's decision after waiting nearly a year for the case to be heard.