Two teenagers who hit a knife-wielding man with a wooden batten and kicked his head as he lay unconscious went too far, a Whangarei District Court judge has ruled.
Judge Thomas Everitt yesterday sentenced Nigel Lake, 17, on one charge of assault with a weapon, and Reuben Heihei on one charge of common assault. Both had pleaded guilty.
The charges arose from an incident on February 16 this year in the Marist sports club carpark. Lake and Heihei were confronted by a knife-wielding man who demanded the keys to their car.
When they refused he pursued them. Heihei ran to get help and Lake grabbed a wooden batten from a nearby garden and struck the would-be robber on the shoulder and the body until he dropped the knife.
A third blow hit the assailant's head, knocking him out, the court heard.
Meanwhile, Heihei returned and kicked the unconscious man once in the head.
"They went too far. That's what's taken away the ability to use Section 48 (covering) self defence," Judge Everitt said.
The pair were "young men about the place who don't always avoid trouble".
Lake had previous convictions including assault, resisting police, threatening behaviour and common assault. Heihei had a history of using threatening language, the judge said.
He said the pair did not choose to become involved in the confrontation, but made the mistake of continuing with the violence once the need for it had stopped.
"The amount of force ultimately used cannot be justified in law."
Lake faced a maximum penalty of five years' jail, while Heihei faced up to one year. However, Judge Everitt found there were special circumstances relating to the offence which allowed him to avoid imposing mandatory jail terms.
The court heard the person carrying the knife had an intellectual disability and had been prosecuted and sentenced to supervision.
Judge Everitt accepted neither teenager knew beforehand their assailant was disabled.
- NORTHERN ADVOCATE
Northland teenagers went beyond self-defence
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