Attack destroys couple's dreams

In the dock in the Dunedin District Court are (from left) Gary Davies, Jamie Ngaamo, Marc...
In the dock in the Dunedin District Court are (from left) Gary Davies, Jamie Ngaamo, Marc Mitchell and Darryl Wadsworth, who were sentenced yesterday for their attack on a campervan in Warrington. Photo from ODT files.
An elderly couple whose campervan was attacked at Warrington in May had dreamed of spending their retirement years travelling the coast of New Zealand and fishing, Judge Emma Smith said in the Dunedin District Court yesterday.

But the couple no longer had the confidence to travel the way they wanted to. And the woman remained scared in their home.

"That's what you have done to them," the judge told four males convicted of criminal damage.

Gary Michael Davies (20), unemployed, of Karitane, Jamie Moses Ngaamo (24), employed, Marc Weir Mitchell (24), casual part-time worker, and Darryl Johnathon Wadsworth (18) had admitted intentionally damaging a Toyota Dyna campervan, on May 16.

Sentencing Davies, Ngaamo and Mitchell to jail, and Wadsworth to home detention, the judge described the attack as "complete and sustained".

The victims were aged 73 and 76, she said.

"It was their very first trip in their dream campervan," she told the four defendants. "They talk of the distress of the attack, how frenzied it was, their vulnerability and how frightened they were."

Damage to the campervan totalled $17,250. Other costs for the victims were ongoing medical difficulties, lack of sleep and physiological ramifications, the judge said.

The judge acknowledged all four defendants had been prepared to undergo restorative justice. But she said, "not surprisingly", the victims did not wish to attend.

"They would like to see you go to prison," she said, commenting that she did not think them spiteful.

Probation also recommended imprisonment, on the basis the offending was so serious it warranted jail.

Counsel Louise Garthwaite submitted Davies had not been in any trouble since May. He had been living with family members for the past six months and had dissociated himself from those with whom he had got into trouble.

Davies was struggling with the fact only four people were in court "when he says there were 20 involved". He had written letters of apology.

Counsel Mike Newell said Ngaamo accepted his role. He was one of a large group "of which these are the ones being prosecuted".

The incident originally began as ill-considered high jinks - rocking the van, he said. Ngaamo's role was really in the initial stages. A family man with three children and a partner of long-standing, he was motivated to address the issues underlying his offending.

Counsel Anne Stevens submitted Mitchell's pre-sentence report made reference to remorse and empathy for the victims. He had written a letter of apology to police and was willing to meet his share of reparation.

Ms Garthwaite described Wadsworth as "quite a different kettle of fish" from his co-offenders. He was only 17 at the time and had very little in the way of previous convictions. Positive comments were made about his performance on a course he was attending.

He was willing to undertake any sentence to address his offending. He had written apology letters. The pre-sentence report was positive about his ability to reflect on the impact on the victims.

Of the "very clear" view 10 months' jail was not an unreasonable starting point to reflect the criminality of the offending, Judge Smith added a two-month "uplift" for the "extraordinary and unusual" circumstances.

These included the vulnerability of the campervan, the substantial attack and it continuing after the male victim appealed for it to stop.

All four defendants were then sentenced, each with 12 months' jail as the starting point.

Davies' previous convictions were far more serious than those of his co-offenders, the judge said. Also, he was on a sentence of intensive supervision at the time of the attack. Those matters brought his overall starting point to 15 months. With mitigating credits taken into account, his final sentence was 10 months' jail.

Ngaamo's last court appearance was in 2007. But his convictions showed a burgeoning pattern of violent offending. Concerning the attack, it beggared belief that as a parent of three he would behave in such an immature way, Judge Smith said.

Previous relevant convictions saw Ngaamo's overall starting point increased to 14 months' jail. Mitigating factors reduced his final sentence to nine months.

Mitchell was also sentenced to nine months' jail, reached after an increase to 14 months to reflect previous relevant convictions and that he, like Davies, was on intensive supervision at the time. The 14 months was then reduced for mitigating factors.

Wadsworth's circumstances were different. And she thought him far more remorseful than the others, Judge Smith said. While a previous relevant conviction brought his overall starting point to 13 months' jail, the appropriate sentence for him, with reductions, would be six months, the judge said.

And on an unrelated conviction for assault with intent to injure, on May 23, the appropriate sentence would be five months' jail.

However, satisfied home detention would deter Wadsworth from offending, the judge did not impose imprisonment.

For criminal damage, Wadsworth was sentenced to three months' home detention, and on the assault charge 2 months (cumulative, making 5 months' home detention in all).

Davies, Ngaamo, Mitchell and Wadsworth were also each ordered to pay $4312.70 reparation for damage to the campervan.


THE SENTENCES

• Gary Michael Davies, 10 months' jail.
• Jamie Moses Ngaamo, nine months' jail.
• Marc Weir Mitchell, nine months' jail.
• Darryl Johnathon Wadsworth, 5 months' home detention.

 

Add a Comment

 

Advertisement