A Dunedin gang member involved in a harrowing pack attack has won an appeal and been released on home detention. Jordon James Ataria, 40, was the last of five Mongrel Mob members to be sentenced in the Dunedin District Court in May. He was jailed for two years two months, joining co-defendants John-Boy Rakete and Donald Collins-Roberts behind bars. But Ataria only spend a couple of months there before winning an appeal in the High Court at Dunedin. In the recently released judgement, Justice Sally Fitzgerald ruled the sentence was manifestly excessive and converted it to five months’ home detention. However, she expressed concern that Ataria maintained his loyalty to the gang. Court documents described how the Mob members pulled up at a student flat in North Dunedin on March 2, 2024. Four of them – including Ataria - entered the property in an “intimidating and confrontational way”, leaving a 3-year-old child in the car. Collins-Roberts demanded the victims hand over their socks. “If you’re not going to give us your socks, we want your bitches,” he said. The gang members eventually left but warned they would return the following night for a fight. When they returned to their vehicle some of the students emerged from the house, planning to get a taxi into town. Rakete launched an immediate attack and the other men backed him. The sprawling assault, which involved four students being pursued down the street and beaten, resulted in the victims all sustaining concussion. At sentencing, Judge Nevin Dawson accepted Ataria was not the main offender but added time to his penalty for his criminal history. The court heard the defendant had been sentenced to home detention for an aggravated assault in 2021 and was jailed for six years for wounding with intent to injure in 2008. But Justice Fitzgerald said that uplift was no warranted, given the most serious offence took place 18 years ago. Counsel Matthew Bonniface also argued his client had received insufficient credit for the 21 months he spent on electronically monitored bail in the lead up to sentencing. Justice Fitzgerald agreed. She stressed Ataria had also made good use of his time on bail attending rehabilitation. Mr Bonniface said his client had experienced a profound family bereavement and become a father last year, which “have proved real turning points”. The judge accepted Ataria’s sentenced should be reduced. “Ongoing imprisonment at this juncture may unravel the good steps that Mr Ataria has taken to date in relation to rehabilitation. He appears genuinely motivated and to have good support,” she said. Justice Fitzgerald, though, sent a stern warning about the man’s continued Mongrel-Mob allegiance. “He should. . . reflect on what appears to be his current view that the gang is not a negative influence. It plainly is,” she said. “If he truly wants to become a good role model for his son, he must and should leave the gang.” rob.kidd@odt.co.nz
