Davey Ioane Faamoe
The Christchurch Press, 23rd December 2004
A pub bashing that left an English tourist seriously maimed came close to murder, a judge has said. The November 2003 attack by Davey Ioane Faamoe and a co- offender in a Christchurch bar left the victim brain and nerve-damaged and with long-term mobility effects. After being found guilty by a jury of wounding with intent to cause grievous bodily harm, Faamoe, 28, was jailed for nine years, with six years minimum non-parole, by Justice Hansen in the High Court in Christchurch.
"It is apparent that no matter what happens to you, the victim will still suffer effects much longer than any sentence this court may impose on you," the judge said. "This was violence at the very highest end. You are very fortunate you are not facing a murder charge -- it was very close to that." The victim, an English tourist newly arrived in Christchurch, went to the KOT Ugly bar in the early hours of November 23, 2003. "He was no doubt euphoric because earlier he had been watching England successfully win the World Cup," the judge said."He was also generous in that he bought you and your friends a number of drinks."
But he was stomped and kicked in the toilets by Faamoe and the co- offender, the pair leaving him unconscious and critically ill. His injuries included cuts to his head, broken ribs and a collapsed lung. He had to be intubated to help breathing, and spent 17 days in hospital. He now had limited use of his left arm, his left leg was unstable, he suffered joint and muscle pains, and found it difficult to cope with large amounts of information. His brain got tired, worsening his other problems which included vertigo and difficulties balancing. Travel was difficult, and he had been in regular therapy since returning to Britain, the judge said.
On the plus side, Faamoe was a qualified painter, had worked as a landscaper and forklift driver, and had a partner and responsibility for children. He was regarded as a capable rugby league player, came from a good family and had every chance to succeed in life.But for some reason -- probably alcohol and cannabis-based -- he had persistently offended. Of particular relevance were three previous convictions for assault, and one for aggravated robbery. It seemed much of the offending was related to lack of control after excessive alcohol use.
But there was also evidence Faamoe had some insight into what he did, and was sorry for what happened to the victim.Unfortunately, he took the case to trial, and lost the chance for a discount for a guilty plea. An appropriate starting point was 10 years, and the judge said he was prepared to make an allowance of one year to encourage Faamoe to address his problems in prison. The co-offender has been dealt with separately.
Date of Birth
Serious assault causing grevious bodily harm to an English tourist in Christchurch in November 2003
Three previous convictions for assault, and one for aggravated robbery
none known as yet
Sentenced to 9 years with a 6 year minimum non-parole period in December 2004
Unsuccessfully appealed this sentence in May 2005
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OFFENCES / CONVICTIONS
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