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Home / New Zealand

Man who beat homeless man to death avoids life without parole

NZME.
16 Feb, 2015 10:29 PM3 mins to read

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Justin Turner

Justin Turner

A man who beat a homeless man to death during a brutal, hour-long attack has been jailed for a minimum of 15 years - narrowly missing out on becoming the first person to be jailed for life without parole.

Justin Vance Turner, 29, pleaded guilty to the murder of 49-year-old Maqbool Hussain in October in the High Court at Auckland.

Today's conviction was his 111th.

Court documents detail a horrific, prolonged attack on the victim, during which he viciously assaulted Mr Hussain in a variety of ways while he was on bail for other offending.

Today Crown prosecutor Brett Tantrum urged Justice Mark Woolford to jail him for life without the prospect of parole as was dictated by the Sentencing and Parole Reform Act with this being the defendant's second strike.

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Turner was jailed for more than three years and given a first strike warning in 2011 after attacking a female acquaintance and causing her traumatic brain injuries.

Mr Tantrum pointed to a psychological report which "perhaps alarmingly" scored Turner's risk of reoffending as 19/20 on one test and 10/10 on another.

Forensic psychologist Dr Ian Goodwin's report said the combination of a severe personality disorder and substance abuse issues meant he "could not describe the risk of reoffending as anything other than 'extremely high"'.

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But Turner's lawyer Louise Freyer said it would be manifestly unjust if her client was ordered to stay in jail for the rest of his natural life, which she estimated would be 45 to 55 years.

"Mr Turner's offending, bad as it was, is not the worst murder. The aggravating factors that one might expect in the worst are simply missing," she said.

Her opinion was backed by Turner's father Steve who outlined his son's dysfunctional upbringing and made an impassioned and tearful plea to the court for "mercy".

He told the court his son had witnessed his brother Kelvin die in a car fire and had blamed himself ever since.

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Mr Turner said he felt responsible for his son's issues after kicking him out of the house for good at the age of 19.

"He thought his dad didn't love him anymore. From that point on the violence became that much more intense," he said.

"If I was able to, your honour, I'd take the sentence for him."

Justice Woolford said the defendant's psychological issues and the opportunities for rehabilitation meant it would be unfair to lock him up without the chance of parole.

Turner went on the run after police launched an investigation into the death of the man, who was found in a storage area behind shops in Balmoral on March 22 last year.

He told police he planned to rob Mr Hussain of money and cigarettes but what resulted was a sustained assault.

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He punched the man in the head as he lay on the bed for up to half an hour while demanding money.

"Why don't you just hurry up and kill me?" he claimed Mr Hussain said.

He also admitted trying to stab the victim with a nail file but it snapped.

The assault continued as Turner dragged the victim to the floor and began stomping on his head, with enough force for it to be bouncing off the concrete.

He wrote a letter to Mr Hussain's family apologising and saying he would try and "learn to be a better person" while in prison.

Turner was jailed for life with a minimum non-parole period of 15 years.

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