Levi Manu Rushton
From the Evening Post, Nov 20, 1997
A teenager convicted of the murder of Christchurch bottlestore worker Glen Payne today apologised in court to the dead man's family for the hurt and distress he had caused them. Daniel Pou, 18, and Richard Dallas Tuhoro, 21, were sentenced to life imprisonment after a jury today found them guilty of the June 3 murder of Mr Payne.
Through lawyer Alistair Davis, Pou told the High Court at Christchurch before he was sentenced that he had not intended to kill Mr Payne. The shooting had been accidental. Pou and Tuhoro also received concurrent sentences of nine years each for aggravated robbery and car conversion. Justice Panckhurst excused jurors from further jury service for four years.
The other three accused - Patterson Charles Tekura, 21, Tamati Wayne Robinson, 25, and Levi Manu Rushton, 20 - who were convicted of manslaughter, were remanded in custody for sentencing on December 11.
From the Christchurch Press, Dec 12, 1997
Three young men have been jailed for 8 years 6 months each for their part in the robbery of a Christchurch bottle-store during which Glen Payne was fatally shot.
Jailing Levi Manu Rushton, 20, Patterson Charles Tekura, 21, and Tamati Wayne Robinson, 25, Justice Panckhurst told the trio they had been convicted as parties to ``this absolutely senseless killing in the bottle store''. Glen Payne, 23, died from a single bullet wound to his chest during the botched armed robbery attempt on the Caledonian Hotel's bottle store on June 3.
The man who pulled the trigger of the cut-down .22 calibre rifle, Daniel Pou, 18, and the mastermind behind the robbery, Richard Tuhoro, 21, received the mandatory life imprisonment after being found guilty of Mr Payne's murder. Justice Panckhurst told Rushton, Tekura, and Robinson yesterday: ``There is no doubt that the prime mover was Tuhoro, but all three of you played a large part in the robbery and knew the risk when a firearm was used and you elected to run that risk.''
His Honour said he had read the victim impact reports for the family and told the men they should be ``compulsory reading for all of you''.The three men were also sentenced to seven years jail for the aggravated robbery, to be served concurrently with the manslaughter term. Robinson also received a two-year concurrent term for the unlawful taking of the getaway vehicle.
The court was told that Rushton, Tekura, and Robinson had written letters of apology to the Payne family, expressing their remorse. Rushton's lawyer, David Ruth, submitted that Rushton's defence during the trial was that he did not know that the weapon used during the robbery was loaded. Kerry Flood, for Robinson, said Robinson became involved in the offending only because of debt and intimidation and there was evidence that the five men were not a group of equal participation and decision-making. For Tekura, Elizabeth Lorimer said the death of Mr Payne was beyond the consideration of Tekura, who counsel said felt gutted at the death of the man.
Crown prosecutor Jonathan Eaton said that while the sentence for the robbery should be in line with that given to Tuhoro and Pou (seven-year concurrent prison terms), the fact there was a death must result in an additional and substantial penalty.
Mr Eaton said an appeal against the 8-year 6 month sentences was a possibility.
Date of Birth
Manslaughter of Mr Glen Payne during a Christchurch bottle-store robbery in June 1997
Three Strikes Status
Sentenced to 8 years 6 months in December 1997
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OFFENCES / CONVICTIONS
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