Violence "with a very strong element of home invasion'' at Alexandra, attacks on two fellow prisoners at Otago Corrections Facility, and an assault on his former partner at Port Chalmers, brought three years and seven months' jail for a man sentenced recently in the Dunedin District Court.
Kayne Livett (27) was before Judge Kevin Phillips on three convictions for assault with intent to injure, and also convicted of a Crimes Act male assaults female offence.
He had pleaded guilty.
The victim of the Alexandra incident, on November 27 last year, was not known to Livett.
Reviewing the facts, the judge said the victim was at home when his 16-year-old son and a friend ran into the house saying they were being followed by Livett. They pointed him out and the victim went to see what the issue was. Livett walked up the driveway calling out, asking if the boys were the victim's children. Without warning, Livett punched the victim in the face knocking off his glasses and causing him to fall. Livett then threw several more punches at his head and face.
Leaving, Livett told him in no uncertain terms if he contacted police he would return and smash him again.
The victim received a black eye, a bruised and swollen right cheek, and cuts and abrasions to his right ear. He did not need medical attention.
At Otago Corrections Facility, about 3pm on January 25 this year, Livett and a small number of other prisoners were in a yard talking.
Livett was standing beside a concrete bench.
The victim was leaning casually against a wall.
Apparently unhappy about something the victim said, Livett approached and punched him hard in the face.
The victim immediately grabbed Livett around the neck and pulled him close to try to protect himself.
Livett delivered a flurry of punches to the right side of the victim's face and kneed him in the stomach.
Trying to defend himself, the victim grabbed Livett's left leg.
The pair grappled for a few seconds before the victim broke free.
Livett followed him aggressively around the yard for a short time before walking away and sitting down.
The victim sustained a puffy right eye and a split lip.
Livett's explanation was he had been playfighting with the victim.
An attack by Livett on another prisoner, about 9am on April 7, resulted in that prisoner being prescribed medication for pain relief and having a swollen and blackened right eye and aggravation of a previous back injury.
In a yard at the prison, Livett took off his shoes and approached the victim who was crouching down and facing away from him.
Without warning, Livett grabbed the victim with his right hand and punched him twice around the head with his left fist.
The two grappled on the ground before Livett hauled the victim's upper body on top of his own.
Livett then wrapped his legs tightly around the victim's waist, grabbed his head with both hands, and pulled backwards causing the victim's back to arch and his neck to hyper-extend.
The victim struggled to breathe and his face started to change colour.
Corrections officers pulled Livett off the victim.
The assault on Livett's former partner happened on April 21 last year. Livett was having a shower about 2.15pm when the victim entered the bathroom. They began arguing, resulting in Livett punching the victim once in the left eye while he was still in the shower. The victim received a 2cm cut above her left eye and significant bruising around the eye. She text-messaged a friend who took her to hospital for treatment.
Counsel Jim Takas acknowledged prison was the only sentence. But he told the court Livett was on the cusp of change. In prison, Livett had seen the television programme Why Am I. It had had a profound effect on him, Mr Takas said.
Judge Phillips said Livett's violence had escalated during the past 12 to 15 months. The Alexandra offending had a very strong element of home invasion. Livett was on bail for violent offending at the time. And he was in custody on remand awaiting sentence when he attacked two inmates at OCF.
Livett's "very bad'' history included 10 prior convictions involving violence, the judge said.
Livett's jail term is made up cumulative sentences on the assaults with intent to injure (two years for the assault at Alexandra, seven months for the first assault at OCF, and a year for the other assault at OCF). The assault on his former partner brought a concurrent six-month term and, remission of about $6000 unpaid fines, two months (concurrent).
