Brian Smith, father of Luke Smith, who died after a coward punch in Wellington, speaks outside the Wellington High Court after the sentencing of his son's killer, Siale Siale.
“The day Siale Siale killed Luke, he killed us too,” said Brian Smith as he clutched his wife’s hand inthe Wellington High Court this morning.
The pair, supported by family and loved ones, were sharing their victim impact statement at Siale’s sentencing today for the manslaughter of Luke Smith.
Judge Dale La Hood has called out the impact of “toxic masculinity”, saying Smith’s death shows there is a long way to go in eradicating it from our society.
Luke Smith, 21, died in hospital on October 7, 2024, after being assaulted on Wellington's Courtenay Place in the early hours of October 6, 2024.
Smith, who had only been living in New Zealand for eight months since emigrating from South Africa with his parents for a safer life, stopped to talk to a pair of women who were sitting beside Siale about 3.15am.
Siale grabbed Smith by his shirt and asked him what he was looking at. The pair got into a verbal altercation and, without warning, Siale punched Smith knocking him unconscious. Smith fell backwards, his head hitting the road.
Siale then said to Smith’s friend: “Do you want some bro,” before taking out his mobile phone and beginning to film.
The summary said Siale then verbally taunted Smith, pulling the finger at him and kicking him once in the upper thigh or groin area while Smith lay unconscious on the road, saying “f*** you, motherf*****”.
As Siale left the scene, Smith’s friend and passersby began doing CPR and called emergency services.
In court today, Brian Smith read from his and his wife Natasha Smith’s statement, saying their son’s life was taken in a “violent and cruel manner”.
“Our lives have been shattered beyond repair by the brutal and senseless murder of our only child by Siale Siale,” he said.
He described Smith as a kind, humble, deeply religious young man with an infectious spirit. He was a role model and “beacon of promise” to younger generations.
Seeing their son lying “helpless and broken” in the hospital was the “most horrifying moment of our lives”.
“We have been left to navigate a life that no longer has meaning,” he said.
“Our home is no longer filled with laughter but with silence and sorrow ... The weight of the loss is crushing and some days we struggle to find the will to go on.”
He said it was even more unbearable to see the “cruelty and inhumanity with which Siale Siale took our son’s life”, referring to the continued taunting and kicking as Smith lay dying on the ground.
“We as a family must suffer for the rest of our lives while you continue to breathe freely. How is that justice?”
Brian Smith, father of Luke Smith, who died from a coward punch in Wellington. Photo / Melissa Nightingale
In submissions on sentencing, Crown lawyer Sally Carter referred to Siale’s previous boxing training in 2022 when he spent four weeks training for an amateur fight.
Defence lawyer Lucie Scott argued the boxing training was not an aggravating factor to the offending, as Siale had not had any boxing training since then and did not use any particular boxing moves in the fatal assault.
She said he was now a different man to the “intoxicated 29-year-old” who killed Smith, and had abstained from alcohol since the attack.
“He is in the process every single day of trying to hold himself to account,” she said.
He was motivated to show his remorse for Smith’s death and also become a better role model for his 5-year-old son.
Scott said Siale had a difficult upbringing in which violence was normalised and became a learned reaction. She said he had ADHD, developed an alcohol misuse disorder, and exhibited signs of PTSD after the tragic drowning of his father a few years prior.
Judge La Hood said Smith’s death was “a tragic situation for everyone involved”.
“It demonstrates we have a long way to go to eradicate the culture of toxic masculinity in our society,” he said.
“There are far too many examples of young men being killed by single punches in reaction to minor or imagined slights.”
In sentencing, Judge La Hood considered aggravating factors, such as the lack of provocation, the force of Siale’s punch, and his “callous” treatment of Smith afterwards.
He also allowed discounts to the sentence for Siale’s early guilty plea, his lack of previous convictions – despite a history of brushes with the law for violence and alcohol-related matters – remorse and rehabilitative potential.
He noted Siale’s challenging background had contributed to his drinking and the offending on the night, and allowed a reduction to the sentence for this.
Siale has done counselling, voluntary community work and has committed to never drinking alcohol again, Judge La Hood said.
He allowed a 50% discount to the sentence, half of which was for the early guilty plea. Judge La Hood sentenced Siale to two years and three months in prison to gasps of dismay from Smith’s family.
Members of the packed public gallery – both Smith’s and Siale’s loved ones – sobbed as the final sentence was handed down.
Speaking outside court after the sentencing, Brian Smith said they were hoping for a harsher sentence to recognise the fact a life was taken, but said even a 10-year sentence would not bring his son back.
Melissa Nightingale is a Wellington-based reporter who covers crime, justice, and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.
