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Sentences too light - victim's mother

The mother of a woman whose partner was killed in a home invasion attack in southeast Auckland in 2006 says the sentences handed to two people convicted of manslaughter were too light.

Paul Junior Grace, 26, was jailed for nine years and Annette Louise Elaine Heta, 30, to 8-1/2 years for the manslaughter of Jason Noe Kai Chong Boon on November 18, 2006.

Both were also given a concurrent jail sentence of four years on a charge of assault with intent to rob.

Justice Helen Winkelmann handed Grace a minimum non-parole period of four years. Heta was given no minimum non-parole sentence.

A third accused, Guy Nicholas Wilson, 36, who was found guilty of murder and assault with intent to rob when the trio stood trial last year, has had his sentencing delayed until July.

Mr Boon, a methamphetamine dealer, was tied up, gagged and beaten. He died from asphyxiation.

The trio were captured by police at the scene after Mr Boon's girlfriend Janny-Lee Brussow called police from her mobile phone in a locked bathroom where she and the couple's three-year-old daughter were hiding.

Ms Brussow's mother, who did not wish to be named, said the sentence was far too light, especially for Heta.

"At the end of the day she gets to go home to her little five-year-old and my five-year-old daughter doesn't have a father," she said outside court.

"Jason just loved his little girl and for my daughter and my granddaughter it's going to be very difficult."

Justice Winkelmann said during sentencing that Ms Brussow had not been able to return to work since Mr Boon's death, had moved out of the home where he died, was under great stress and found sleeping difficult.

In addition, Ms Brussow's daughter was now terrified of adults and had great difficulty with communication, often hiding behind her mother.

Ms Brussow's mother, who sat in court during sentencing today alongside one of the jurors who found the trio guilty at the trial, said she believed Heta was more culpable than Grace and had hoped she would be found guilty of murder last year.

Justice Winkelmann , however, ruled that Heta and Grace had a similar culpability, though Wilson was regarded as the instigator and the person responsible for the injuries which killed Mr Boon.

All three had gone to the Botany Downs address along with a driver, who refused to do anything else during the incident.

Justice Winkelmann said Heta helped gain entry to the address by knocking on the door, after which Wilson, assisted by Grace, restrained Mr Boon.

Once restrained and assaulted, Grace picked up a set of car keys and Heta a mobile phone before trying to escape.

Crown lawyer Kirsten Lummis had asked for 12-year jail sentences for both Grace and Heta, with a six-year minimum non-parole period.

Their respective lawyers, Mark Edgar and Ian Tucker, wanted lower sentences and no minimum non-parole periods.

Mr Edgar and Mr Tucker both argued their clients were reluctant offenders and took part largely due to fear of Wilson.

Justice Winkelmann said both Grace and Heta had done well in prison and appeared to now be off drugs and making attempts to turn their lives around.

She said Grace also deserved credit for his guilty plea on the assault charge at the beginning of the trial.

Both had pleaded not guilty to murder at the start of their trial.

Mr Edgar said Grace was a follower who found it difficult to break free of Wilson's influence, and Justice Winkelmann made a request for prison authorities to keep Grace well away from Wilson.

Wilson's sentencing was put off until July so psychiatrist and psychologist reports could be put together, and possibly a criminologist report.

The Crown is seeking a sentence of preventive detention for Wilson.

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