Six men sentenced over 'cowardly' pack attack in Dunedin on way to party

Marika Samuel Donumaiwai Parker (front) attacked an additional three people, while Matthew James Gray (at rear) tried to find the victim to apologise afterwards. Photo / Tina Grumball

Cries of help did not stop a "cowardly" pack attack of six against one, the Dunedin District Court has been told.

The only question at the day-long sentencing this week was whether it would be home detention or imprisonment.

Oscar Denis Blake Teague (20), Kenny Jack Flintoff (20), Mitchell Cody Hughan (20), Joshua Te Irimana Whittle (20), Matthew James Gray (20), and Marika Samuel Donumaiwai Parker (20) were all charged with wounding the same victim with intent to injure him.

Hughan, an Otago Nuggets player, will not play basketball this year. When he returns for the next season, general manager Angela Ruske said they would look into a support programme for him "to make sure he's contributing to society in a way that meets [their] cultural guidelines".

Parker faced two additional charges of assault and one of injuring by unlawful act against three other victims, while Whittle also admitted assault with a weapon.

Crown prosecutor Richard Smith told the court the "cowardly" pack attack was "indefensible".

It was six on one, there were innumerable blows - mostly targeting the head - and it continued for two minutes, the court heard.

Both Kenny Jack Flintoff (front) and Oscar Denis Blake Teague (at rear) were given sentences of home detention for their involvement in the violent incident. Photo / Tina Grumball

Five of the six defendants were walking to a party in Leith St, Dunedin, where Parker was on September 25.

The primary victim, Eddie* was walking through a gap in the fence between his flat and another in Castle St when he came across the defendants.

"All of this was a dispute over who got to go through a gap in the fence first," Judge David Robinson said.

"Unprovoked", the defendants began assaulting him.

Spotting his friends across the fence, Parker "jumped [it], didn't ask any questions and punched anyone he could," Mr Smith said.

In total, Parker punched an additional three people trying to come to the aid of Eddie, dishing out nearly a dozen blows.

Whittle spent time searching for a weapon, pausing before he struck Eddie with a beer bottle.

The assault on Eddie was "two minutes of alcohol-fuelled ... drunken violence against a person who was largely defenceless," the judge remarked.

"It is made worse when one listens to the [CCTV] audio and hears the cries of 'Stop' which are simply not heeded."

Not only did the footage show the assault, but it showed the boys celebrating and even re-enacting the assault.

Eddie was punched more than 70 times, kicked and stomped on, to all areas of his body, including his head.

Joshua Te Irimana Whittle (front) sought alcohol counselling while Otago Nuggets player Mitchell Cody Hughan (rear) volunteered in the community. Photo / Tina Grumball

While he tried to get up several times, he was knocked back down each time.

The first man to come to Eddie's aid was rendered unconscious by Parker's "coward's punch" and said he struggled to understand why he would have been hit from behind without provocation.

Eddie, specifically, is unlikely to have fully recovered until June, the court heard.

Losing the ability to concentrate, he was unable to sit his exams and could only study part-time, delaying his degree and adding extra cost.

Judge Robinson said while Parker was not involved in the beginning of the assault, his violence "played an integral part of the attack".

"All-comers received violence at your hands."

The discharge without conviction Parker received last year for more violent offending was "clearly abused," the judge said.

Parker was given the longest sentence of 29 months' imprisonment and ordered to pay $3000 emotional harm reparation.

The fact Whittle resorted to using a weapon meant he was also incarcerated, for 22 months.

He was also ordered to pay $5000 to the victim. He sought alcohol counselling having drunk more than a box of RTDs.

Flintoff, who was given diversion after streaking at a Highlanders game last year, initially minimised his involvement in the assault before being confronted with the CCTV footage.

He was sentenced to nine months' home detention, 250 hours' community work, and ordered to pay $5000 reparation.

Counsel Sarah Saunderson-Warner said Gray was not involved in the re-enactment or bragging after the assault, and had demonstrated significant remorse by trying to apologise.

He was sentenced to nine months' home detention, 250 hours' community work, and ordered to pay $3000 reparation.

Hughan had followed the pack but, towards the end, tried to pull people from the fight and apologise to Eddie, the court heard.

Although Teague threw the first punch, he also assisted Eddie at the end of the assault by dragging him to his feet.

Both Hughan and Teague were sentenced to eight months' home detention, 200 hours' community work, and ordered to pay $3000 to the victim.