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escalating violence in our community
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Sensible Sentencing Trust
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Wounded a fellow inmate with intent to cause grevious bodily harm in December 1996
Also killed another man in a fight and attempted murder of his partner
Extensive previous criminal history
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Mongrel Mob
Born 1967
unknown
Sentenced to 10 years with a cumulative 7 year term in December 1997
Unsuccessfully appealed this sentence October 1998
Background
The Press, Christchurch, December 26 1997
A Paremoremo Prison inmate who stabbed another prisoner several times has had seven years added to the 10 years he is serving.
In the High Court in Auckland, Justice Potter declined a Crown application for preventive detention, which would have put 30-year- old Robert Craig Winterburn behind bars indefinitely. But Justice Potter said she did not consider a total of 17 years inappropriate given the seriousness of the various offences.
The judge warned Winterburn that if he appeared again the court would have no option but to impose preventive detention. Preventive detention has been given only once before for violent offending, although it is not uncommon in sexual cases. Winterburn, who was found guilty by a jury of stabbing Victor Morrison five times last December, was serving a total of 10 years jail at the time for offences including the manslaughter of a man in a fight and attempting to murder his partner.
Howard Lawry, appearing for the Crown, told the court that Winterburn, who had a long list of previous convictions -- mostly associated with his connections with the Mongrel Mob, was a recidivist who posed a very real risk to the public on his release. Despite the constraints of being in prison, a previous warning about preventive detention, the deterrence of a long sentence, or counselling to learn to deal with confrontational situations, he was willing to turn to ''the old ways'' of behaving if necessary.
Defence counsel Mike Levett told Justice Potter that, without seeking to justify what happened, it was ''part of the prison culture, part of the mores within the prison, a self-regulating pattern within the prison'' and did not warrant a preventive sentence to protect the public. Winterburn had told a Department of Corrections psychologist, Margaretanne Roger, that whenever violence occurred in jail ''retaliation must be immediate and sufficient to keep oneself alive''