Two youths convicted over the attack of two young men during a gang brawl in south Auckland in 2005 have had appeals against their conviction and sentence dismissed.
Levi Heremaia Smith and Reynold Viliamu were part of a large group of members and associates of the Juvenile Crip Boys (JCB) who drove to the Otara base of rival gang the Penion Dosina Boys on October 23, 2005, seeking revenge for the supposed attack on the father of one of JCBs.
Some of the group were armed with weapons, including baseball bats, table legs and bottles.
Two teenage boys in the path of the attack suffered life-threatening head injuries.
Viliamu pleaded guilty to two counts of causing grievous bodily harm with intent to injure, and was sentenced to two years and two months' imprisonment. He appealed his sentence.
However, the court of appeal judges said that given his participation in the mob, his sentence was appropriate.
Smith, who denied that he attacked the victims using a baseball bat, was convicted on two counts of causing grievous bodily harm, and sentenced to nine years and nine months in prison.
He appealed against the conviction on the grounds that High Court Judge Helen Winkelmann had allowed statements from seven co-accused which were inadmissible.
The judge had determined that the inadmissible evidence would not jeopardise a fair trial, and that her directions to the jury were sufficient, the Court of Appeal judges said, ruling that there had been no miscarriage of justice.
"We are satisfied that, in so far as it was in the judge's power to give clear directions warning the jury as to their obligation not to use out of court statements against anyone save their maker, her successive directions were exemplary."
