Daniel Barry James Davey
NZ Herald story here
A man involved in the nearly fatal beating of a 73-year-old man during a home invasion at Ohau, near Levin, has lost a Court of Appeal bid to cut his jail term. Kenny Lee Waerea, aged 16 at the time, burgled the house but did not intervene in the beating. He was jailed for five years. The attacker, James Ngataki, 21, was jailed for 11 years, later reduced to eight years on appeal.
From the Evening Post 8th December 2000
Two Levin youths found guilty of the aggravated robbery and burglary of an elderly man bashed unconscious during a home invasion at Ohau in May were jailed yesterday in the High Court at Palmerston North. Daniel James Barry Davey, unemployed, was given six years and Kenny Lee Waerea, a shearing presser, was handed a five-year term. The two 17-year-olds had pleaded not guilty to robbing and causing grievous bodily harm to Takapau man Colin Morrison, 73, while he was house sitting in Ohau, south of Levin, on May 15.
James Phillip Teamothi Mahe Ngataki, 20, from Levin, had already pleaded guilty and was sentenced to 11 years jail. A Court of Appeal decision on Wednesday cut the term to eight years. Mr Morrison was punched, kicked and hit with bottles and a chair during the attack. He lay in a pool of blood for more than 12 hours before being found. Last month a High Court jury found Davey not guilty of grievous bodily harm, but could not reach a decision about Waerea. However, they found the pair guilty on an alternate and lesser count of aggravated robbery. The two also admitted charges of burglary. Justice Ellis said the offenders' attitude had been "shocking". While they had not used violence on Mr Morrison, they had taken advantage of the violence inflicted by their co-offender.
Date of Birth
Home invasion, robbery and grevious bodily harm of a 72 year old Ohau man in May 2000
Prior convictions for trespass and threatening behaviour.
Davey was the lead offender
Three Strikes Status
Sentenced to just 6 years in December 2000
Due for release October 2004
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OFFENCES / CONVICTIONS
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