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Kidnapping and indecent assault of a man in West Auckland in September 2009
Two charges of possessing a firearm and explosives
Extensive list of prior convictions dating back to September 1995
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Headhunters
Unknown
Prison
Sentenced to 3 years 6 months in February 2011
Background
From Auckland Now story 11th August 2011
An Auckland man who, along with two others, kidnapped and assaulted a man and forced him to wear a bra, g-string and a dress as revenge for selling a stolen car, has had his appeal to reduce his sentence dismissed. Dennis Mau'u was found guilty, along with two others referred to only as Neary and Stanaway,
on charges of kidnapping, indecent assault and two counts of possessing a firearm and explosives. In February Mau'u was sentenced to three years and six months prison.
He challenged the sentence to the Court of Appeal arguing "unjust disparity" because one of his co-accused was sentenced to home detention and community work. In a judgement released today Justice Heath said to reduce Mau'u's sentence the court would have to ignore ''an appalling list of criminal convictions spanning some 15 years dating back to September 1995. "We cannot conceive that a right-thinking member of the public would consider such an approach appropriate or consonant with the interests of justice."
The assault victim had been with his girlfriend when she sold a stolen car to Neary in August 2009. Shortly afterwards Neary was stopped by police and in a fit of revenge recruited two members of the Head Hunters gang to take steps to "exact retribution" by kidnapping the man a month later. The man was bundled into a van which contained a chainsaw and two samurai swords and was driven to a home in west Auckland. At the house Neary demanded the complainant take off his clothes. He was then given a bra, g-string and a dress "which he was forced to wear".
''He was required to walk into the lounge area of the house to dance and expose his genitalia to the three offenders.'' As this was happening Stanaway lifted up the dress and burnt the man on the upper part of his right leg and buttock using a methamphetamine pipe. The man was later driven to a caravan park and left to find his way home. "Unsurprisingly the impact of the events on the complainant has been severe both physically and psychologically. "As well as scarring to his body from the burns, he has exhibited symptoms of psychological damage." A search warrant at Mau'u and Neary's home uncovered a revolver in a black holster, along with ammunition.
Mau'u filed an appeal out of time only after his counsel became aware of the leniency in sentencing shown to Neary and asked for his sentence to be reduced by six months. The Crown argued Neary was ''more deserving of leniency due to factors personal to her". Heath said the issue on appeal was "whether the approach taken by the sentencing judge in relation to Ms Neary means that this court ought to reduce the sentence imposed on Mr Mau'u, in order to protect public confidence in the administration of justice". Justice Heath said he did not believe the public would have his or her confidence in the system restored by seeing Mau'u's sentence reduced.