Viliami Aka Tupou
From Christchurch Press story 27th March 2002
Three men have been jailed for up to nine years for subjecting an innocent man to an "extremely cowardly, vicious, and sustained series of assaults" in his own home. Villiama Aka Tupou, 22, Tianiela Salesi Poutini, 18, and Trinity Elijah Duffy, 18, armed themselves with hunks of timber with a plan to deal to the neighbour who had complained about the noise they were making. But when the neighbour refused to come out of his flat, they turned their attention to another neighbour who had had nothing to do with the earlier incident but had come out of his home to see what the fuss was about.
Christchurch District Court Judge Murray Abbott said the second neighbour was attacked on a porch outside his home by the youths and, after an unsuccessful bid to retreat behind his front door, inside his home as well. "He was unable to close and secure the door, which was then kicked down. The violence on the porch was nothing compared to what happened inside the flat," the judge said. "He was struck a number of times to the head and upper body, which resulted in him losing consciousness on the floor. "Attacking him was cowardly in the extreme because it involved a group of at least four young men taking on a single, innocent, defenceless person who had apparently done nothing at all to provoke what occurred.
"He suffered deep haemorrhaging to the brain, a fractured cheek bone, and a broken arm (among other injuries). He was admitted to hospital, where he stayed for 10 days, with his first night in the intensive care unit. "It is apparent that the effects of the brutal and vicious assault which he sustained on February 24 last year will be with him for the rest of his life. It's probably more the deep-seated emotional and psychological consequences that will trouble him."
Judge Abbott noted that Tupou had a series of previous convictions for violence, the most recent of which had resulted in an 18-month jail term. When this attack occurred, forestry worker Tupou was out on parole. By contrast, jobless Duffy and student Pousini had been barely 17 at the time and were effectively first offenders. He said the home invasion laws applied and called for longer sentences than if the attack had happened away from the victim's home. Tupou was sentenced to nine years jail, while the other two were each sentenced to six years.
Date of Birth
Home invasion and grevious bodily harm of a Christchurch man in February 2001
A previous history of violent offending
Sentenced to nine years in March 2002
Unsuccessfully appealed this sentence in July 2002
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OFFENCES / CONVICTIONS
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