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Home / Gisborne Herald

Couple beat up 'keyboard warrior'

Gisborne Herald
18 Mar, 2023 10:45 AMQuick Read

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Gisborne Courthouse. File picture by Rebecca Grunwell

Gisborne Courthouse. File picture by Rebecca Grunwell

NOTHING a woman posted on social media could justify the beating a couple gave her, a Crown prosecutor told Gisborne District Court.

The court heard the victim’s step-sister Luana Anderson, 25, and partner Elliot Dennis Waikari, 24, later candidly admitted to police they went to the woman’s house with the sole intention of beating her.

She was a “keyboard warrior” and they were sick of her comments on Facebook, they said.

The couple each pleaded guilty to burglary and injuring with intent to injure.

Anderson pleaded guilty to an associated charge of theft.

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They appeared for sentence by Judge Warren Cathcart, who imposed 11½ months home detention on Anderson and two years, one month imprisonment on Waikari.

Prosecutor Jo Rielly said the Crown wanted both jailed despite Anderson having no prior criminal history.

According to a summary of facts, the couple knocked on the door of the victim’s house. She opened it but quickly tried to close it again when she saw who was there.

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Anderson was holding a steel bar.

Waikari pushed his way inside, grabbed the woman by the hair and dragged her along the ground to a bathroom.

Anderson got on top of the woman, who was lying face down, and punched her an estimated 40 or 50 times to the back of her head as the woman tried to cover her face. Waikari kicked her in the head area three to four times.

The attack lasted about five minutes until Anderson walked away.

Waikari followed but while doing so kicked the woman one last time.

PlayStation equipmentAs the pair left the house, Anderson removed PlayStation equipment valued at about $170. She later told police she took it because it was hers.

The woman suffered a bruised eye, bruising to her arms and a lump on one side of her forehead.

Mrs Rielly told Judge Cathcart it was astounding the woman was not more severely injured.

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Police who spoke to Anderson after the incident were startled by her lack of remorse.

She was still victim-blaming and minimising her actions when later interviewed for a presentence report.

Anderson claimed the victim was still taunting her and Waikari, and had copies of social media posts as proof.

That was evidence of an ongoing problem between the parties and Anderson’s likely ongoing ill-attitude towards the victim, Mrs Rielly said.

The victim was blameless. No amount of provocation by her could have warranted the beating she received, Mrs Rielly said.

Equal culpabilityAnderson and Waikari were equally culpable and should both be jailed. Even Anderson, who had no prior criminal history, could not hope to achieve an end sentence within the range for home detention, Mrs Rielly said.

The offending was serious and aligned with band 3 of a tariff case, where sentence starting points ranged from three to three-and-a-half years imprisonment.

The element of home invasion was a significant aggravating feature.

In submissions, counsel Alistair Clarke said it was accepted there were a significant number of blows to the victim but realistically someone of Anderson’s physique was unlikely to have been able to deliver 40 to 50 punches with any sustained force.

The victim left hospital before receiving treatment.

Mr Clarke spoke of the distress and provocation Anderson felt due to the women’s online comments. She had not reacted to further comments, other than to report them to police.

Anderson’s actions were out of character. Her true character was shown by her compliance with five months bail.

She and her young child had suffered significantly when separated by Anderson’s initial remand into custody.

Imposing home detention for Anderson, Judge Cathcart warned it was only by a slim margin.

He set a starting point for her sentence of 36 months imprisonment, discounting it by four months for her previous lack of convictions and assessed low risk of reoffence.

There was further discount of one month for her compliance with bail, two months discount for personal circumstances, and a full 25 percent discount for her guilty pleas.

For Waikari, the judge imposed a starting point of 34 months imprisonment, with no uplifts and only discount — a full 25 percent — for his guilty pleas.

Counsel Mark Sceats said Waikari accepted what he did was completely inappropriate. In trying to right the wrong done to him, Waikari had done wrong himself.

Mr Sceats submitted Waikari might have qualified for a discretionary discount for two months he spent on bail (before being remanded back into custody) and for remorse.

Waikari’s negative comments to an interviewer followed closely after the incident when issues were still raw.

But Waikari had since resiled from that position as evidenced by a letter he wrote to the court well ahead of sentencing, Mr Sceats said.

The judge rejected either Anderson or Waikari were truly remorseful.

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