Judge Noel Cocurullo told him if he had not repeatedly kicked and punched the victim — who was lying unconscious on the concrete — he would likely have had a self-defence argument if charged.
Parker will serve an eight-month home detention sentence on charges of wounding with intent to injure and assault with a weapon, a car, after the incident at the intersection of Victoria and Collingwood streets during the early hours of September 24, 2022.
The court heard Parker and his friend had just made a purchase at a vape shop and when leaving noticed the victim kicking a parking meter.
Parker’s friend told the victim to “put ice on his foot” before they got into their car drove to the intersection with Victoria St and stopped at the red light.
The victim then appeared and “double fly kicked” — a kick using both feet — Parker’s passenger window, smashing glass over his friend.
The friend got out of the car to speak to him, but the victim punched him in the face.
Parker then got out of the car and began throwing punches as the victim retreated.
Parker punched him in the face, causing the victim to lose his balance, before he pushed him to the ground.
While unconscious, Parker punched him a further four times to the face and kicked him once to the face.
He then walked away but returned to punch him again. A member of the public tried to move Parker away but he broke free, only to kick him two more times to the head, then stomp twice on his head with his Dr Martens boots.
Parker then got in his car as three members of the public stood in front of his car. He accelerated, striking a 63-year-old man, carrying him about 10m before he rolled off into the middle of the road.
Parker then called 111 and said there had been an attempted carjacking.
Soon after, he confessed to what had happened.
Judge Cocurullo told counsel he had seen the CCTV footage and listened to the 111 call, which helped provide more context to the situation than as it appeared on paper.
He noted the main victim’s initial injury would likely have been caused by himself, after performing the “fly kick” he hit the back of his head on the curb.
The victim then becomes the main “antagonist” by punching Parker’s friend, which leads to Parker punching and pushing him to the ground.
Judge Cocurullo said had the violence stopped there, he would likely have had a self-defence argument for punching the victim.
But he didn’t.
Instead, the “thuggery” was unleashed on the victim on the ground.
Crown solicitor James Lewis said that had the second victim fallen underneath the car, there could have “been looking at a very different set of circumstances”.
He pushed for an overall starting point of 5 1/2 years in jail but accepted Parker should get credit for youth, rehabilitative factors, and a small amount for his guilty plea.
Counsel James Gurnick initially pushed for 25% plea credit as he said his client had been willing to accept the lesser injuring charge for the past 12 months, suggesting discounts totalling up to 60%.
He urged the judge to take an overall start point of 3 1/2 years and added his client had completed an advanced driving course with AA.
‘Your actions were deplorable’
Judge Cocurullo that after the victim fly-kicked his car, he should have left.
“At that point in time it’s quite clear that the first victim was the protagonist.
“You lost the plot and need to learn from this.”
After taking a start point of 4 years in prison, issued 50% discounts to reach 2 years, before converting that to eight months home detention.
“You should take it as read that you have come very close to being sent to prison for what was a very, very serious act of violence.
“Whatever the victim had done ...was utterly no justification for your behaviour.”
He was also disqualified from driving for 8 months, and ordered to pay $899 to the second victim after his phone smashed after being thrown from bonnet of the car.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.
