WARNING: This article discusses family violence and may be distressing
A young man who repeatedly beat his friend with a skateboard as he dropped to the floor claimed he was in “grave danger” and acted in self-defence.
Jaden De Malmanche was also violent towards his 16-year-old girlfriend, at once stage beating her while she was pregnant and telling her he would give her a “homemade abortion” before punching her in the stomach.
De Malmanche, 23, appeared at the Christchurch District Court for sentencing on a raft of charges, including family violence against his then-pregnant partner and robbing a dairy.
According to the summary of facts, De Malmanche, who was 18 at the time he entered a relationship with his former girlfriend, became angry after she fell pregnant with his child in 2020. She later had a miscarriage.
Judge Gilbert said while there was no evidence in front of him to suggest the miscarriage occurred because of De Malmanche’s violence towards the woman, he acknowledged that “that might have been the case”.
De Malmanche kicked, pushed and smacked the woman, including pulling both her arms back, making her think they would be ripped from her shoulder sockets.
During one incident, De Malmanche told the woman he was going to give her a “homemade abortion” and punched her in the mouth, ribs and stomach.
About a month later, he attacked her without provocation, causing her to walk out of the address they were out and on to the street.
De Malmanche followed her and pushed her with such force that her head hit the concrete ground, causing her to become dizzy and semi-conscious.
He continued to attack her as she was stuck between him and a fence, only stopping when a member of the public intervened.
On July 11, 2020 at 8.25am, De Malmanche entered a dairy that had just opened. He walked behind the counter and demanded the dairy worker hand over money and cigarettes, pointing a knife at her. He stole $100 from the cash register and $1300 worth of tobacco.
The pair had smoked synthetic cannabis that day.
Ellery said he doesn’t remember what happened before he was struck in the head with the skateboard.
De Malmanche said Ellery lunged at him, so he hit Ellery on the head with the skateboard a couple of times with a level of force he described as no more than “four out of 10”.
De Malmanche said the argument continued so, fearing for his own safety, he hit Ellery a third time with force, causing him to drop to the ground. He repeated this move, causing Ellery to drop to the ground again.
He then walked out of the address and called emergency services, and could be heard apologising to Ellery on the phone call as he waited for police to arrive.
Judge Tom Gilbert said he had seen photos of Ellery, stating he was in a “terrible state” and it “was not pretty viewing”.
De Malmanche’s lawyer Abbie Hollingworth said her client believed he was in “grave danger” and was acting in self-defence when he struck Ellery with the skateboard.
Hollingworth said De Malmanche had an “incredibly traumatic” upbringing, was neglected and exposed to drug use, which was relevant to his offending and addiction issues.
She asked the judge to consider this when sentencing her client, as well as his age, stating he was between 18-20 during the offending.
Judge Gilbert said the offending was very serious, but reports about De Malmanche’s background showed his upbringing was disadvantaged and sad.
The judge acknowledged De Malmanche’s youth, his guilty pleas, his genuine remorse and his disadvantaged upbringing, which could be linked to some of his offending.
He sentenced De Malmanche to three years and two months’ imprisonment.
“I hope that when you do get released, you can come out and make something positive of your life,” Judge Gilbert said.
FAMILY VIOLENCE
How to get help: If you're in danger now: • Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:
• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.
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-By Emily Moorhouse
Open Justice multimedia journalist
