The New Zealand High Court in Auckland has described an assault which led to the death of a man as cowardly.
Siosaia Joe Maka was sentenced to 44 months on charges of assault with a weapon; assault with intent to injure; common assault and manslaughter.
The charges arose from an incident on October 19, 2019.
At 3.45am that morning Maka and others went to the home of the victims in Māngere because one of the group was angry about something said in a telephone conversation by one of the victims. The two were once in a relationship. The victims were already outside.
Maka had a sawn-off shotgun.
“You and your co-offenders approached them and said” ‘Do you know who you are messing with?’ ” Judge Downs told the court.
“You pointed the gun at the chest of Ms Rogers. She pushed one of her adult children behind her and grabbed the barrel. She implored you not to shoot her children.
“One of your co-offenders spoke to you in Tongan. You left the driveway and returned the gun to the car.”
A co-offender then attacked Ioteva Taikoko, 18, who fell to the ground. Maka and the other offenders repeatedly punched Taikoko in the head while he was defenceless on the ground.
Maka then punched Rocky Rogers in the head, who fell to the ground. When Rogers got up and tried to leave Maka chased him and kept punching him.
Rogers’ stepfather, Hashim Saad and Ms Rogers’ partner came out of the house and went to help his stepson.
Maka pursued him and knocked Saad down with an uppercut to the jaw. Saad hit his head on the concrete and later died. Maka and his co-offenders got back in the car and drove away.
“He was doing no more than trying to dissuade you from assaulting his stepson,” Judge Downs said.
“Your use of violence was not spontaneous. You went to the victims’ home looking for trouble.”
The judge said much of Maka’s behaviour that night was cowardly.
“You assaulted others and you pointed a gun at a female while her adult children were nearby. That must have been terrifying,” he said.
“Your offending has caused great harm and pain. Ms Rogers has lost her partner; her children their stepfather.”
Maka was 23 when he committed the offences and is a former Auckland University student with six children. He has three prior convictions.
Maka claimed to be a patched member of the Black Power gang.
“I doubt that very much,” the judge said. “Your conviction list is much too short.
“And even if this were true, it would be nothing to be proud of.”
Maka was sentenced to three years and eight months’ imprisonment for the manslaughter of Mr Saad.
He was also sentenced to 18 months’ imprisonment for the other offences, to be served concurrently, making three years and eight months in total.
