Hamish Samuel McCarroll
NZ Herald story 20th January 2009
Two teenagers with gang associations who bashed, kicked, and stomped a 14-year-old boy causing his brain to swell were today handed down lengthy jail terms. Both had shown a propensity for violence and robbery, said Christchurch District Court Judge Colin Doherty as he jailed Harley Ehekrera Tapine, 17, for seven years, and Jamie Junior Karlytzky, 18, for six years. Defence counsel Colin Eason and Tony Greig said immediately after the sentencing session, which followed a trial last month, that the jail terms would be appealed in the High Court.
Both had been convicted of wounding the boy with intent to cause grievous bodily harm, and Tapine was found guilty of robbing him of a cellphone, sweatshirt, and shoes, and also assaulting him. The victim was confronted by a group at 3.30am in Christchurch's Linwood Park, when he was assaulted and had his cellphone taken by Tapine. During the attack, the boy pulled a knife from his pocket and stabbed Tapine and another teenager, Chelsea Lissina Whaanga. The wounds were not serious and did not need medical attention. After the stabbing, Tapine and Karlytzky attacked the boy, punching, kicking and stomping him after dragging him onto a basketball court area.
Judge Doherty said that once the boy had been knocked down, dropping the knife, that should have ended the assault. "The majority of the violence was meted out to teach him a lesson and was designed to seriously hurt him, which you did." The boy was hospitalised with swelling to the brain, cracked teeth, eyes swollen closed, and bruising to his head, arms, and torso. He still had terrible headaches, but it seemed he would make a good recovery. The judge said pre-sentence reports said the teenage youths showed no motivation to reform and preferred to continue their affiliation to their gangs. The court had been told of associations with the Crips gang.
Mr Eason said Tapine had only two weeks of high school education, and had had a tragic upbringing. Mr Greig said Karlytzky had woken from a drunken stupor on the night and found two of his friends had been stabbed. Both counsel cited provocation in the stabbings, but Judge Doherty had not accepted that. The boy had already been severely attacked when he pulled the knife. He had pleaded guilty to a charge laid in the Youth Court, but in Judge Doherty's view he may have had defence. Crown prosecutor Marcus Zintl said both youths committed the attack while on bail, and Tapine had shown no remorse or empathy.
Christchurch Press, Friday 13th June 2008
A 14-year-old boy playing touch rugby at a Linwood school was bashed and robbed by five members of the Cripps gang, all clad in their blue bandannas. One of the gang members also filmed the robbery of the boy on his cellphone. The gang is now short of three members after Christchurch District Court Judge Michael Crosbie jailed the teenagers today, telling them they had been cowards. He jailed Hamish Samuel McCarroll, a 19-year-old process worker, for three-and-a-half years, and jailed Jamie Junior Karlytzky, a market garden worker, and Thomas Joseph Hancy, unemployed, both 18, for 18 months.
"You have allegiances to the Cripps gang, which seems to base its worthless existence on Los Angeles-style gangs," Judge Crosbie told them. "Such gangs have appeared regularly in Christchurch on robbery, assault, and weapons charges. "Such offending, I note, occurs openly and brazenly in places like buses, fast food restaurants, and here in broad daylight in the grounds of the school." They had attacked three young men who were simply having fun, and were not bothering them. "The message needs to be sent: There will be severe consequences for those who engage in this type of conduct."
On September 3, the five Cripps members went to the school grounds where they found two 14-year-olds and a 13-year-old playing touch rugby. McCarroll walked up to one, demanded his money, and took a jacket from him.He took an MP-3 player and cellphone out of the jacket. The boy asked for the items back, and while Hancy filmed the confrontation on his cellphone, McCarroll punched the victim three times. The boy was knocked down, but managed to shelter from most of the 14 blows that followed. Another of the group kicked him. He now has no memory of the attack, and finds that scary. He took a long time to regain enough confidence to "hang out" with his friends away from school. He had concussion, bruises, and chipped teeth.
Judge Crosbie said it was cruel that Hancy had then stood over him and demanded that he look at the camera.The three admitted charges of assault with intent to injure and McCarroll admitting robbing the boy. Hancy also admitted driving while disqualified, excess breath-alcohol, and unlawfully taking his grandmother's car which he wrecked in an encounter with a traffic island in Papanui as he fled from the police. Karlytzky admitted a charge of breach of community work. McCarroll admitted three charges of receiving stolen property – some of it taken from his neighbours – possession of an offensive weapon (a knife), burglary of a house while he was on bail, and another assault. At a bottle store in Papanui, with no argument or demands for money, he punched a 60-year-old man, knocking him through the store window before punching him unconscious as he lay among the glass.
Judge Crosbie told Hancy that he should be ashamed of his despicable offending against his grandmother, who had taken him in and fed and clothed him when no-one else would. She was in court to support him. All of the teenagers had previous convictions, and Judge Crosbie said the escalation of McCarroll's offending was becoming alarming. None of the teenagers' families had been willing to provide accommodation for them to serve home detention sentences, but Hancy's prison term may be reconsidered during his sentence if he is accepted for a Limited Service Volunteer training course at Burnham. He may be able to serve home detention while on that course which starts in September.
Christchurch Press, Saturday 28th June 2008
Four 17-year-olds have been sent for trial for bashing a Christchurch teen who fought back with a knife while he was allegedly being beaten and robbed during a 4am crossing of Linwood Park. One of the four admitted in a video-taped police interview that he was so angry about the stabbing that he kicked the 14-year-old boy to the ground and then repeatedly kicked him over a period of about five minutes. Two youths, Harley Ehekrera Tapine, unemployed, and Jamie Junior Karlytzky, of Linwood, have been remanded in custody to the High Court on August 1 for a pre-trial conference. Tapine is charged with robbery and both are charged with wounding with intent to cause grievous bodily harm.
Te Kewana Hoori Kapea, unemployed, has the same remand, but is on bail on the wounding charge. Chelsea Lissina Whaanga, unemployed, is charged with robbery and assault, and has been remanded to a pre-trial conference in the District Court on August 29. Both Kapea and Whaanga are on bail, must live at specified addresses, report weekly to the police, not associate with the youths or contact the complainant, and must not drink alcohol or take drugs.
In spite of the different remands, it is likely the four will be dealt with together at trial. At a Christchurch District Court depositions hearing, the 14-year-old described the beating he received on his way through the park. After an evening of socialising with friends, a group of six teenagers decided to go through Linwood Park to a friend's house early in the morning of April 12. They were approached by a group of four youths, one of whom demanded the teen's cellphone.
The police allege he punched the teen in the face and grabbed the phone. The beating continued with punches and when the teen fell he was kicked in the head. His hoodie, hat and shoes were taken. The second time he got to his feet he pulled a knife from his pocket and used it on one of the two boys and the girl attacking him. They received minor cuts that did not require medical attention.
When told later what he had done with the knife, he could not recall it and said that everything was black.The boy ended up in hospital for three days with serious injuries including brain swelling, swollen face, bleeding ears, chipped teeth, black eyes, grazed face and elbows and bruise marks on his shoulders.In a video interview with the police next day, Karlytzky said he "just lost it" when his friend Whaanga was stabbed. He kicked the boy to the ground and then kicked him "in the head and guts" for about five minutes.
Date of Birth
Robbery and assault of a 14 year old Linwood, Christchurch boy in April 2008
Sentenced to 3 years 6 months in June 2008
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