But Judge Warren Cathcart noted Noanoa was smiling throughout that submission. The judge said he doubted Noanoa’s intentions were genuine.
The violence charges arose after Noanoa donned body armour and concealed a large machete down his trousers before entering a public bar, where he attacked a rival gang member.
Bystanders were forced to intervene. The complainant was cut in the hand and shoulder. He approached Noanoa as he was being escorted out of the bar and Noanoa added to the injuries already inflicted by kicking the man in the face.
Medical treatmentMedical treatment included four stitches.
Judge Cathcart agreed with police there were at least two aggravating features to the offence — obvious premeditation Noanoa showed in wearing body armour and concealing the machete, and his use of the lethal weapon to strike the complainant a number of times.
It was only through good fortune the man’s injuries were not worse.
Mr Taumaunu said the court needed to take care it did not double count the harm caused that was already implicit in the nature of the charge.
Noanoa’s breaches of bail were due to the fact he was not ready to front for sentence on the more serious offending.
The judge convicted and discharged Noanoa for the breaches.
For the violence, the judge set a starting point of two years, four months — uplifting it for the fact Noanoa was on a sentence (community work and supervision) for other offending at the time.
There could be no discount for remorse other than that implicit in the guilty pleas. Noanoa might have conveyed remorse to his lawyer but there was no proof of it in court. His behaviour seemed to suggest he had no intention of leaving his gang.
Judge Cathcart said the court was always reluctant to jail someone so young.
Discount for youth was not automatic and Noanoa’s entitlement was diminished by his appalling youth court record. But nonetheless, the sentence could be reduced by a further two months, the judge said.
An order was made for destruction of the armour and machete.