Victim of violent home invasion forgives gang member after they find common ground

Black Power member Christopher Rata has been forgiven by the victim of his violent home invasion in March 2021, the Whanganui District Court has heard.

Black Power member Christopher Rata kicked the backdoor of his victim's home open before viciously assaulting the man and stealing his cellphone but he has been forgiven for his trespass.

The Crown summary of facts states Rata had gone to the man's address in Castlecliff, Whanganui, in the early hours of Friday, March 26, 2021, after drinking heavily at his sister-in-law's birthday.

A CCTV security camera linked to the victim's cellphone alerted him to Rata's presence.

The victim called 111 but was challenged by Rata, who was wearing his Black Power vest, before locking himself in his bedroom.

Rata took two bags from the house to a car waiting in the driveway but then returned to the house, smashing a bottle on the driveway.

Initially the victim, who was connected to the 111 call, was able to avoid Rata's punches but he was then caught in a headlock.

"The defendant's associate has then attempted to kick the victim's legs from under him and struck the back of the victim's head with an unknown weapon several times."

Fearing for his life, the victim repeatedly called out for help.

"During the assault the defendant and his associate told the victim he was a 'nark' and repeatedly yelled the Black Power gang slogan 'Yoza'."

The men left the address with the victim's cellphone, which was still connected to the 111 call, and went to a Black Power party.

"The defendant and associates referred to the victim as a 'nark', laughed about the offending and mocked the victim for calling out for help."

Rata appeared before Judge Ian Carter in the Whanganui District Court for sentencing on Wednesday after previously pleaded guilty to charges of aggravated robbery, burglary and unlawfully interfering with a motor vehicle.

Defence lawyer Jamie Waugh said Rata was supported in court by members of his whānau, including his long-term partner and daughters.

Waugh said Rata had been disconnected from tikanga Māori and his cultural report made for harrowing reading.

"Mr Rata was raised by various whānau and lacked stability growing up. When living with one whānau, Mr Rata was regularly physically abused and Mr Rata described one of the attackers as a 'predator'."

Rata dropped out of school at a young age and couldn't write his own name until he was aged 15. He was sentenced to adult prison aged 15 and later gravitated to gang life, seeking a sense of belonging.

"That's something that wasn't provided by any other person in his life."

Waugh said Rata's past demons had resurfaced and he found himself in the wrong house, involved in an altercation with the occupant following six years of living an offence-free life.

Rata engaged with his victim in a Restorative Justice conference, which was positive, and had written an apology letter to him.

"The victim is forgiving of Mr Rata and the conference was therapeutic for both of them," Waugh said.

He sought a reduction of 65 per cent to a sentencing indication of seven years and six months given to Rata in December 2021.

Crown prosecutor Nandini Turner submitted a 30 per cent reduction for alcohol and drug addiction along with the cultural report was too high and argued 15 per cent would suffice.

Judge Carter noted Rata and his victim had discovered they shared some common background.

He imposed a final sentence of two years, seven months and two weeks' imprisonment, after granting Rata the 65 per cent discount, on the charge of aggravated robbery.

Concurrent sentences of one year and seven months for the burglary charge and four months for unlawfully interfering with a motor vehicle were also imposed and Rata was ordered to pay $200 reparation to the victim.