And the family of 16-year-old Trinity Catholic College pupil Enere McLaren-Taana have travelled to Wellington for the Court of Appeal hearing.
At sentencing in July, the teenage defendant — who was found guilty of manslaughter following a trial in the High Court at Dunedin — was granted permanent name suppression and locked up for three years three months.
Justice Rob Osborne declined a discharge without conviction.
In the aftermath, Enere’s father, John McLaren, said the penalty was "nowhere near enough" and while the family maintained their disgust at the outcome, they told the Otago Daily Times they had been instructed not to comment on the case until after this morning’s appeal.
The March trial was dominated by CCTV footage, which showed jurors the events of May 23 last year from a variety of angles.
The court heard the defendant, who was 13 at the time, travelled to the bus hub where he was planning to board another bus to see a friend.
But footage showed him retracing his steps after hearing a derogatory comment from Enere regarding his clothing.
After a brief stand-off, the younger boy was shown reaching into a shoulder bag and brandishing a 31cm kitchen knife.
As Enere back-pedalled into the middle of Great King St, the defendant pursued.
After missing once, the defendant stabbed Enere, severing a major vein.
He later died in hospital.
Counsel Anne Stevens KC said her client’s judgement was inherently affected by the fact he had been the victim of a violent robbery nine months earlier.
She argued his actions constituted self-defence, but the jury rejected that.
The application for a discharge without conviction was based on the consequences to the defendant and the likelihood of him, and other family members, being deported.
Justice Osborne was not swayed and told the teen he needed to honour his victim through his future conduct.
"You have an opportunity, denied to Enere, to live a good life and contribute to society," he said.
"You owe it to yourself, you owe it to your family, but most of all you owe it to Enere and his family."
The Court of Appeal will most likely reserve its decision after today’s hearing and deliver a judgement at a later date.
rob.kidd@odt.co.nz , Court reporter
