NZ Herald story here
Mr Lawry said that a witness would describe what happened to Mr Harvey as "barbaric". The three men surrounded Mr Harvey, overpowering him. Laungaue was said to have taken the sword. Mr Lawry said Mr Harvey was punched and kicked and attacked with the sword as he tried to defend himself.
He was pursued as he tried to get along his driveway to his home where he was caught and his head was struck a number of times with the sword. It was likely Mr Harvey was lying on his back on the ground when the sword was put into his left eye and into his brain. Laungaue wielded the sword but it was a concerted attack with the others involved. He said it was murder because Laungaue "clearly intended to kill the deceased" and the others knew he was prepared to use the sword as a weapon, targeting Mr Harvey's head. "They may not have swung the sword, but our law says that they are equally liable," Mr Lawry told the court. All three had Mr Harvey's blood on their clothes.
From Dominion Post story December 2005
Three men have been given jail sentences over an Auckland attack that left a man dead with a sword wound through the eye. The High Court in Auckland was told in July that Mangere man Blair Graham Harvey, 25, took a sword with him when he went to stop a noisy fracas outside his home in October last year. But he was overpowered and attacked with his own weapon. Sione Laungaue, 19, Siosifa Takamara Tupou, 19 and Sefanaia Tuituiohu Tupou, 21, all of Mangere, were charged with his murder.
Part way through their trial the Tupous were discharged on the murder count, and pleaded guilty to grievous bodily harm with intent. The trial of Laungaue, who had the sword, continued and he was convicted of manslaughter. He was jailed for eight and-a-half years. Siosifa Tupou was sentenced to four and-a-half years and his brother to four years nine months. Prosecutor Howard Lawry said that all three were spoiling for a fight and Laungaue's level of violence was "extreme".
Date of Birth
Three Strikes Status
Sentenced to 8 years 6 months in December 2005
A 4 year 3 month non-parole period was imposed
Parole declined January 2010
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OFFENCES / CONVICTIONS
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