Jail term reduced on appeal in hammer attack case

A man jailed for attacking another driver with a hammer in a road rage incident has had his prison sentence reduced on appeal from five years to 3-1/2 years.

Toma-akino Lauaki was jailed in December after pleading guilty to wounding with intent to cause grievous bodily harm.

The charge arose from an incident in which truck driver Barry Fletcher was attacked in south Auckland last August.

In a decision released in the High Court at Auckland today, Justice Rodney Hansen upheld Lauaki's appeal against the length of his jail term.

Justice Hansen ruled that, during sentencing in Manukau District Court, Judge Jane Lovell-Smith had overstated the aggravating features of the case and had not made appropriate allowance for provocation.

Justice Hansen said the facts were not in dispute.

Lauaki was driving home with his wife and four children after a school sports day.

On Massey Rd, in Mangere, Mr Fletcher approached close behind in his truck and sounded his horn.

Mr Fletcher backed off and repeated the manoeuvre before overtaking. Lauaki, fearing a collision, drove on to a footpath.

Lauaki then drove after Mr Fletcher, determined to get an apology.

When he caught up to the truck, he opened the driver's door and struck Mr Fletcher three times with a hammer, twice on the upper arm and once on the ankle.

In the ensuing struggle, Mr Fletcher was dragged by his clothing and fell to the ground. His ankle, leg, wrist, arm and lower spine were injured, and he spent six days in hospital.

Justice Hansen said allowing the appeal did not in any way condone what he described as "a brutal attack with a weapon on a defenceless man".

"Exhibitions of so-called road rage over real or imagined driving error are to be deplored," he said.

"This is a brutal attack, to be condemned whatever the provocation."

However, punishment had to be proportionate and in accordance with sentencing principles.

Justice Hansen said the sentencing judge had considered the offending as being in the middle band of three contained in guidelines for judges involved in cases of violence.

His own assessment was that it was in the bottom band.

He said the violence was serious, but not extreme, with a total of three blows with the hammer.

The injuries were not life-threatening or permanently incapacitating, and the worst appeared to have been the result of Mr Fletcher being dragged from the truck.

The use of a hammer was an aggravating feature. On the other hand, there was serious provocation.

Justice Hansen assessed the starting point for sentencing at five years and, like the sentencing judge, gave a reduction of 18 months for mitigating factors.

These included Lauaki pleading guilty at the earliest opportunity. As well, his remorse was acknowledged as genuine and his apology to his victim sincere.

- NZPA