Source: Walk Without Fear Trust
Eugene Bareman, Chair of the Walk Without Fear Trust, has criticised “out of touch” politicians and a constrained judiciary regarding the sentencing of coward punch killer Daytona Thompson at the New Plymouth District Court on Tuesday.
Bareman was present on the court steps as the family of the victim, Daniel Nganeko, expressed outrage over the four-year, two-month sentence. He called for politicians to fast-track proposed coward punch legislation and reform the Sentencing Act of 2002.
“A sentence of four years and two months is ridiculous for a recidivist violent offender with multiple aggravating factors, especially when the judge’s hands are tied by existing legal precedents. The system also allows multiple discounts from the starting sentencing point of seven years.
“What’s more distressing is that the judge in this case clearly wanted to impose a longer sentence but had to acknowledge that he was unable to do so due to existing legal precedents.”
Justice Paul Radich stated that there was no provocation in the offence and noted that Thompson had used considerable force in his attack.
He condemned Thompson for making a video of the dying 37-year-old, during which Thompson was heard saying, “Come around here, n*****, I’m not a kidder… I just knocked him the f*** out.” The judge described the video as cruel, callous, and a further indignity to Daniel.
Justice Radich said he could not have regard to community desire for a more severe sentence in circumstances, or contemplative legislation change.
“I must apply the law as it stands.”
He took a starting point of seven years’ imprisonment, before giving credit for Thompson’s guilty plea, his youth, the effect his imprisonment will have on his child, and background factors.
Thompson’s previous violent offending was not considered an aggravating factor in his sentence due to his earlier discharge without conviction.
In addition to the custodial sentence, Thompson was issued his first strike warning.
Bareman criticised the slow pace of legislative change regarding coward punch offences. “The Coward Punch Amendment Bill was introduced in September 2018 and was rejected by the previous government. Seven years later, people are still dying, and killers receive pathetically short sentences, revictimising families and prioritising the rights of violent offenders over victims, failing to keep communities safe.”
“Daytona Thompson had two years to change his behaviour; his failure to do so should have influenced today’s sentence. We must remind our politicians that they are accountable to the community they are meant to protect to prevent another family from making the horrific decision to switch off their loved one’s life support.”
Background
Daniel Nagneko, 37, was fatally struck by Daytona Thompson on July 26 outside the Tukapa Rugby and Sports Club in New Plymouth.
Thompson, who has a history of violence, had drunk half a bottle of spirits that night tried to provoke several other confrontations.
Daniel was standing with friends on the footpath on Gladstone Rd, at 11.20 pm waiting for an Uber.
Thompson approached Daniel, and the pair began talking. Without warning he swivelled and threw a punch, which struck Daniel on his chin.
Daniel fell backwards and his head hit the edge of the footpath.
He died on July 29, after he was flown to Auckland City Hospital, where scans revealed he had suffered a fractured skull and extensive brain injuries with damage to his frontal and rear lobe.
After the attack, Thompson filmed Daniel, was challenged by bystanders and left the scene.
He turned himself in to the Police the next day. He was charged with manslaughter after Daniel’s death and pleaded guilty.
Video link to Trustee Mike Angove in conversation with Daniel’s father Te Uraura Nganeko describing the agonising decision to turn off Daniel’s life support: https://bit.ly/3IzQqU4
