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Assault and grievous bodily harm of two Invercargill men in April 2002, leaving one of them brain damaged
Previous convictions for violent offending
.
none known
Born 1980
unknown
Sentenced to four years in August 2002
Background
Court of Appeal decision here (PDF)
Southland Times story Aug 6, 2002
TWO Invercargill men were sentenced to four years' jail by Judge Phil Moran when they appeared in the Invercargill District Court yesterday for an assault that left one of the victims with brain damage.
Following a jury trial last month, Mason Honi Teraki, 21, and Hyrem Kimiori Hikorangi Gage, 26, were convicted of assault and with intent to injure causing grievous bodily harm. Teraki was convicted of assault on April 9 and, with Gage, injuring with intent to cause grievous bodily harm and assault on April 17. Gage was also convicted of assault on April 17.
Judge Moran said the most serious of the assaults was on April 17. Gage was the principal offender and Teraki was the driver that night. On April 9 Teraki and one of the victims had an exchange of abuse and Teraki assaulted him. When driving back to Invercargill on April 17, Gage and Teraki came across the same man and an associate walking along the street. The attack which followed was to punish the young man for having the temerity to challenge Teraki on April 9, Judge Moran said. Gage used a wheel brace to attack the two young men, who were 16 and 17, Judge Moran said.
One suffered spectacular, but less serious, injuries including wounds to his head which required stitching and had left unsightly scars. He had his teeth wired and braced and suffered headaches for some time. The second victim was brain damaged. His skull was fractured in two places and he spent time in critical care in Dunedin where a hole was drilled in his skull to relieve pressure. He had spent six weeks in rehabilitation in Dunedin . His assessment there showed he was brain damaged.
His memory, planning skills, concentration and word finding abilities had all been affected, Judge Moran said. He suffered headaches and fatigue and fainted regularly, two or three times a fortnight. Two or three months ago he had fainted and fallen into an open fire, burning his hand, Judge Moran said. He had difficulty controlling anger and had trouble with his vision, had had to give up work and had a permanent scar on his forehead as a reminder of the attack. Both Gage and Teraki still denied any involvement in the assaults. Teraki maintained he had never met the victims until the depositions hearing. Before the sentence was imposed, Gage's father-in-law addressed the court in Maori and English. His words moved many in the public gallery and Gage was clearly emotional as his partner's father spoke in his defence.
Judge Moran returned the mihi and thanked him for speaking for Gage. The law required Gage and Teraki be jailed and he had to do that, he said. It was difficult to work with these two young men when they still denied their offending, Judge Moran said. Defence counsel Nic Soper, for Teraki, said he was an enigma. Teraki was a conscientious and devoted father who was a good worker. He had been drug and alcohol free for several months. It seemed he was capable of making and keeping a promise, Mr Soper said. Judge Moran said it was to Teraki's credit he had given up drugs and alcohol. That took strength and courage. However, this was a serious crime with serious consequences for one of the victims. While Gage was the principal offender, Teraki's previous record and his high risk of reoffending meant they would be sentenced equally, Judge Moran said. Both men were sentenced to four years' jail.