A Dunedin 14-year-old who stabbed another teen to death will likely be deported after being jailed over the killing.
The defendant appeared in the High Court at Dunedin yesterday where he was jailed for three years and three months after being found guilty of the manslaughter of 16-year-old Trinity Catholic College pupil Enere McLaren-Taana last year following a jury trial in March.
Justice Rob Osborne refused to discharge the teenager without conviction, but granted him permanent name suppression.
Enere’s family were adamant they wanted the killer named and voiced their frustrations outside court.
"We’re not happy with the outcome today. Personally, I don’t think that’s enough; nowhere near enough," the victim’s father, John McLaren, said.
"Things need to change, the system in this country is f..... ."
Counsel Anne Stevens, KC, had earlier argued her client should be discharged without conviction, primarily due to the fact it would increase the likelihood of deportation.
The judge, though, said it was "grave offending" and the fact the defendant and two of his three immediate family members would now probably be returned to their motherland was not enough to tip the balance in his favour.
A conviction would undoubtedly impact the teen’s education and employment prospects, but those issues did not outweigh the seriousness of the crime, he ruled.
The court heard the boy had taken to carrying a knife with him in public after he had been the victim of a robbery nine months before the stabbing in May last year.
CCTV footage played during the trial captured the defendant arriving at the bus hub.
While walking towards another bus to visit a friend, he backtracked after hearing a comment from Enere regarding his clothing.
After a brief standoff, the younger boy was shown reaching into a shoulder bag and pulling out a 31cm kitchen knife.
Justice Osborne noted the victim immediately retreated and the defendant’s actions constituted "an aggressive attack with a weapon" rather than self-defence.
The teenager pursued Enere as he backpedalled into the middle of Great King St.
The victim aimed a kick at the younger boy’s head to ward off the threat of the weapon, but his assailant then began swinging "wildly" with the knife.
After missing once, the defendant stabbed Enere, who later died in hospital.
Mr McLaren recounted the chilling moments of seeing his son’s lifeless body in the hospital.
"That moment of pain, real pain," he said.
He said he had been made redundant after the tragedy and thought it likely he would never work again, "because all I f...... do is cry".
Enere’s brother, Rick, said the killer would never be forgiven.
"I wish you nothing but f...... misery. Maybe then you’ll get a wee sniff of the trauma you put me and my family through," he said.
"I’ll never feel sorry for you or your family ... you are a coward and that’s all you’ll ever f...... be."
Crown prosecutor Richard Smith said the defendant was "clearly spoiling for a violent confrontation" and his actions were guided by his desire not to appear cowardly in front of his peers.
"The law doesn’t allow someone to defend their pride," he said.
"It wasn’t a slash or waving of the knife, it was a full-force stab wound."
Counsel Anne Stevens stressed her client’s mental state at the time was coloured by his background and the hypersensitivity he had to threats of violence.
She said the teen was now "permanently and deeply" affected by what had happened.
A conviction would likely lead to his eventual deportation, and incarceration would destroy the support networks he had built, she said.
Mrs Stevens also pressed the case for permanent name suppression.
"[He] has suffered and continues to do so, as he sees it will never leave him," she said.
"It may well kill him, though we hope not."
Justice Osborne accepted the defendant was genuinely remorseful, but said the term of imprisonment was "the price you must pay".
"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."
Tensions bubbled over in the courtroom after the sentencing concluded, but outside, the victim’s family remembered with tearful smiles the "smart, cocky, talented, good-looking" teenager they missed.
"Our house is empty because I haven’t got my smart-arsed boy’s voice giving me s... all the time," Mr McLaren said.
"But he knew he was loved by everyone here."
Because of his age, the defendant will serve his sentence in a youth facility.
