Lucky Clarke, 74, throttled, punched, child after thinking she’s grabbed his cellphone

Pensioner Lucky Jeffrey Clarke punched, strangled, and put a young child into a headlock after becoming infuriated that she had gone into his room to find his phone. Photo /123RF

A pensioner who pushed a child into a bunk before strangling her, putting her in a headlock and punching her, is from “another time, another era”, when it came to discipline.

But even by older standards, the violence 74-year-old Lucky Jeffrey Clarke inflicted on the young girl that day was “out of order”.

That’s what Judge Glen Marshall told Clarke as he was being sentenced on four violence charges in the Hamilton District Court recently.

Clarke was found guilty by the judge of strangulation, one count of assault with intent to injure, and two of assaulting two different children.

“What became evident [at trial] was that you had a very old world view of discipline,” the judge told him.

“You carried it out in an excessive and overhanded way, and, obviously, looking after these kids, you were way out of your depth and skill to do so.

“Even by older standards, this type of discipline was out of order.”

‘Pushed onto a bunk bed and choked for eight seconds’

Judge Marshall explained how the 12-year-old victim asked to borrow his cellphone, and went to Clarke’s room, but came back with a vape.

Clarke thought she had his phone and grabbed it out of her hand.

He got angry, and she went to a bedroom.

Clarke followed her and pushed her on to a bunk before choking her for about eight seconds.

He then punched her, put her in a headlock, and hit her head against a metal bar of the bunk bed, cutting her chin.

He went to the kitchen and smashed the vape with a large kitchen knife.

He then put the girl into a headlock and punched her again.

A second young child also gave evidence at trial about how Clarke assaulted him “a number of times”, including slaps to his legs and tummy.

‘He’s from another time, another era’

Commenting on a letter Clarke had written to the court, prosecutor Sergeant Stephen Leet told the judge he was unsure of its meaning, “but I wouldn’t say it’s any form of remorse, sir“.

“It’s from another time, and another era,” the judge replied.

Defence counsel Kerry Burroughs agreed and said that a lot of older people did not understand how times had changed.

“Technology’s changed, the opportunities through technology’s changed, the way we live has changed, everything has changed, nothing has stayed as it was, and the majority of the population says that’s a good thing.”

However, one thing was clear - “Mr Clarke should never have been left in charge of those children,” he said.

But it was the actions of a man from “one afternoon, and it escalated and things got right out of hand. It was beyond his control or comprehension what was happening.”

He pushed for his client to be given community detention, or, if not, a sentence of home detention.

“It was a one-off situation that has had a significant effect on Mr Clarke.”

Judge Marshall accepted that Clarke was a Mormon, had suffered serious back injuries over the past few years, and had been on ACC.

Clarke had several health issues, including a fractured vertebra, diabetes, and high blood pressure, and was on various medications and painkillers.

After applying various discounts, from two years and three months’ jail, the judge got down to 20 months and converted that to eight months’ home detention.

“Your health issues would make it extremely difficult to endure a sentence of imprisonment,” the judge said.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.