He is the second person to be sentenced after the fight, which was reportedly fuelled by gang tensions. It was not mentioned in court which gangs were involved.
Ututaonga initially pleaded not guilty to the charges and was awaiting trial, however, he changed his plea yesterday and was sentenced on the spot, waiving his right to a pre-sentence report.
The court heard that one evening in July last year, Ututaonga was out celebrating, having just been released from prison after serving five years for another assault.
Ututaonga was drinking at The Butter Factory with co-defendant James Blyth when Blyth became enraged.
He had taken issue with a conversation heoverheard between a rival gang member and someone else, the court heard.
A fight broke out and spilled into the courtyard, drawing in multiple people and resulting in four victims.
One of the victims was known to Blyth and Ututaonga from a fight three years earlier.
Jarmarley Ututaonga was sentenced in Whangārei District Court.
During the melee, Ututaonga punched him with a left hook, knocking him off balance, then landed two more blows to the man’s head, sending him to the ground face-first.
Ututaonga then swung a chair at the man but mistakenly struck someone in the elbow.
As the victim lay prone, Ututaonga punched him again.
Moments later, the victim was stabbed twice in the shoulder, allegedly by an associate of Ututaonga.
When security tried to intervene, Ututaonga punched a guard in the chest.
At Ututaonga’s sentencing, the fight was referred to as gang warfare.
Defence lawyer Julie Young submitted Ututaonga had no choice but to fight due to gang and family alliances. To which gang he had an alliance was not mentioned.
Judge Gene Tomlinson did not accept Young’s submission.
“He had a choice; he could have walked away,” the judge said.
Ututaonga was sent back to prison for 12 months. Blyth was earlier jailed for 17 months for his role in the brawl, and a third defendant’s case remains before the court.
At the time of the incident, The Butter Factory was facing scrutiny due to escalating violence, with police recording 520 incidents in the surrounding area in the first nine months of 2024.
Its liquor license was renewed, despite police opposition, but the bar’s closing time was reduced from 3am to 1am.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
