Two brothers who grew up thinking violence was a part of who they are have been jailed for six years for beating their cousin senseless and rolling his unconscious body down a riverbank.
Kelvin Martin Kumeroa (31) and Michael Wesley Kumeroa (27) had earlier been discharged on a count of attempted murder.
Instead the charge was replaced in the High Court in Wellington by one of injuring their 22-year-old second cousin Mark Bartlett with intent to cause grievous bodily harm. Kelvin Kumeroa was later found guilty of that charge, while Michael Kumeroa pleaded guilty.
Justice Jillian Mallon also sentenced both brothers to one years' jail for injuring another relative, Javan Kapene Te Amo, and Michael Kumeroa to an additional two months for common assault, when they appeared in the High Court in Wanganui today.
All sentences are to be served concurrently, but Justice Mallon did not impose a minimum non-parole period so both, who have a history of violent offences, could have earlier access in prison to anti-violence and other programmes.
The charges arose from a night of drinking and spotting cannabis in Wanganui at the beginning of December 2009, starting when the brothers pulled into a petrol station and Michael Kumeroa took exception to the way a stranger, Fiatau Faalite, looked at him and punched him in the face.
Bartlett defused the situation, as he attempted to do later at Kelvin Kumeroa's home when Michael Kumeroa attacked Te Amo after he refused to use cannabis.
Bartlett was then attacked by both brothers, taken by car to the Whanganui River and rolled down a steep bank, coming to rest just short of the water.
Crown prosecutor Lance Rowe called it a gratuitous, unprovoked attack and called for a significant sentence, particularly in light of the brothers' previous convictions.
He noted that Michael Kumeroa was on parole at the time of the attack, having been released from prison only two months earlier.
Michael Kumeroa's lawyer Peter Brosnahan said the most horrific part of the attack on Mr Bartlett was tipping him down the bank. His injuries required no treatment but he was kept in hospital briefly for observation.
Michael Kumeroa should also be given credit for recognising his actions and pleading guilty at an early stage, he said. He was remorseful and embarrassed in spite of the fact he and his relations had over the years normalised this kind of conduct. He had grown up thinking "this is the way we are".
Kelvin Kumeroa's lawyer Debbie Goodlet agreed the violence was unprovoked but said it was not at the upper end of the scale.
A minimum parole period would delay their ability to participate in an anti-violence programme, she said.
