Pair lose bashing sentence appeal

Appeals by two youths jailed for bashing a 14-year-old have been rejected, with the pair told they were lucky not to get longer.

In January, Christchurch District Court Judge Colin Doherty jailed Harley Ehekera Tapine for seven years and Jamie Junior Karlytsky for six after they were convicted of wounding with intent to cause grievous bodily harm.

The pair approached six boys and girls, all aged 14, walking through Linwood Park in the early hours of April 12 last year.

Tapine threatened one of the boys and grabbed his cellphone.

He punched the boy several times in the head, knocking him to the ground, before kicking him repeatedly.

The victim pulled a knife, stabbing Tapine and an 18-year-old woman who was with him. Both received only minor cuts which required no treatment.

Tapine became angry and knocked the boy down again, dragging him to a nearby basketball court where he subjected him to "a prolonged, vicious assault, punching, elbowing, kicking and stepping on him as he lay on the concrete", Judge Doherty said during sentencing.

Karlytsky joined in kicking the victim about the head and body. He eventually stopped, but Tapine continued the attack before demanding the victim's hoodie -- although it was believed the boy was unconscious by this time.

The boy was hospitalised with swelling to the brain, cracked teeth, eyes swollen closed, and bruising to his head, arms, and torso.

In sentencing both were given starting points of six years jail, reduced to five to reflect their youth.

Tapine's was then boosted by a year over additional charges of aggravated robbery and assault, plus a further year to reflect his past record.

Karlytsky's sentence was also raised on the back of his past offending -- at the time of offending he was already on bail for a similar attack in September 2007, for which he was later sentenced to 18 months' jail.

In the Court of Appeal both claimed the victim's actions had not been taken into account, and said their ages warranted bigger discounts.

But Justice Ronald Young said six years was "well within the range available to the judge and, if anything, on the modest side"

The bulk of offending occurred after the boy had been disarmed, and Karlytsky had never even been threatened with the knife.

"As to the matter of youth, neither of you is youthful in the sense of experience in the criminal courts and in particular the experience of significant offending, including the use of serious violence," Justice Young said.

- NZPA