Cancer patient beaten with patu by stranger dies

The aged care sector is short 1200 nurses. Photo: NZ Herald
File photo: NZ Herald
A man battling terminal cancer was beaten with a patu outside his Te Aroha home six months before he died.

The victim, whose name is suppressed, was heartbroken at having to spend the final months of his life severely impacted by his injuries.

Before the 60-year-old died, he wrote a statement in preparation for the sentencing of his attacker, Isaac Butler, a man he "didn't even know".

He died three months after penning his thoughts, which gave a tragic insight into what he'd been through.

A drunken Butler had been out walking his dog when he stopped outside the victim's house on the night of 13 December 2023.

For some reason, he "loudly and aggressively" banged on the victim's door and within minutes, a violent attack erupted.

While the 31-year-old may not have known the victim's precarious state, Judge Kim Saunders told him in the Hamilton District Court this week, the attack made his life "so much worse".

"His last six months on this earth were always going to be difficult because he was terminally ill, but you made it so much worse."

'Dragged as a dead weight'

When the victim opened the door to the stranger who was aggressively knocking, the pair had a "verbal dispute".

The victim was holding a patu and, as the confrontation escalated, he hit Butler with it several times. The court heard the force used appeared to be minor.

Butler grappled with the victim and wrestled him to the ground, using his bodyweight to pin him down.

He got hold of the patu and used it to repeatedly strike the victim in the head, face and upper body, using "significant force".

Butler got up and stepped away, and the victim tried to stand but collapsed back onto the ground.

Butler kicked him hard and the victim, appearing barely conscious, rolled onto his back. The onslaught continued as Butler rained down blows with the patu.

Still on the ground, the victim was kicked and punched in the head and body by Butler, who then dragged him by his clothes across the footpath and into the house.

The victim was not resisting and appeared to be a "dead weight".

It's not known what happened inside the house, but the victim's phone was missing and Butler was seen throwing the patu on the ground as he left.

The assault was captured on nearby CCTV and seen by a witness who notified police and identified Butler.

The victim was taken to Waikato Hospital with serious injuries.

'It's heartbreaking at this time of my life'

In his statement, written while living out his final days with whānau in Hastings, the victim said the attack had left him with a speech impediment, which made it "extremely difficult to communicate".

"I've been told I have six months left ... the assault has compromised my cancer treatment and severely impacted my physical capability.

"I'm often tired and weak from the treatment. I don't recall a lot from the assault due to receiving serious head injuries and concussion symptoms."

The most frustrating part was the theft of his cell phone.

"Because I'm so sick, I relied on that to stay in touch with family and friends ... I've lost touch with so many people because I no longer have their contact details.

"It's frustrating and heartbreaking at this time of my life.

"It has truly left me so upset. I didn't deserve it. I didn't even know the guy. I wish it had never happened.

"This is not how I wanted to spend my last six months alive."

'Exacerbated by his intoxication'

Butler's counsel Holly Alderton said there was no premeditation involved and that it was the victim who had the weapon.

"Mr Butler accepts that his response went well beyond self-defence and he's taken full responsibility.

"This whole situation was exacerbated by Mr Butler's intoxication ... and that has been a recurring theme throughout his life."

Alderton said Butler had good support from his sister and father, who were keen to get him into a formal rehabilitation centre.

Butler knew he needed help with his alcoholism and "that he needs to remain sober to live a pro-social life".

'Senseless, random act of violence'

Judge Saunders said it was sad enough to die from cancer at age 60, "let alone having the last six months of your life injured by this senseless, random act of violence".

"You wanted to cause him really serious harm and you did ... he was [left] defenceless and barely conscious."

Judge Saunders was pleased Butler was keen to change and get better.

He accepted he was remorseful.

On a charge of wounding with intent to cause grievous bodily harm, and after taking a starting point of six years' jail, Butler was jailed for four years and six months.

 - By Belinda Feek, Open Justice reporter