Key Takeaways
- A man named Herman was involved in a physical altercation in Hastings, which led to him stabbing his victim twice in the neck with a sharp object.
- The victim required surgery and was left in "excruciating" pain during his recovery.
- Herman was sentenced to five years and seven months in prison for wounding with intent to cause grievous bodily harm, which was upheld on appeal.
- Herman has a history of criminal convictions, including armed robbery and assault, and was previously deported from Australia as a "501" deportee.
- The court found that Herman’s use of a weapon was a "gross overreaction" to being overpowered in the fight.
Introduction to the Incident
A "scuffle ensued" and Herman picked a fight, but the other man began to get the better of him. This physical altercation in Hastings took a turn for the worse when Herman reached for a sharp object after finding himself in a headlock and "losing a fight of his own making". The details of the incident are contained in a High Court judgment after Herman unsuccessfully appealed against the prison sentence he was handed in the district court. The judgment provides a detailed account of the events that led to the stabbing, including Herman’s decision to use a sharp object to attack his victim.
The Stabbing and Its Consequences
The stabbing was a serious and potentially life-threatening attack, with the victim requiring surgery and being left in "excruciating" pain during his "long and challenging" recovery. The object Herman used in the stabbing was never recovered, but was described by the original sentencing judge as "potentially lethal". The sentencing judge said that using the weapon was a "gross overreaction" to being overpowered in the fight, and "went way beyond what would have been permissible when acting in self-defence". This assessment was upheld by Justice David Boldt, who found that the jail term of five years and seven months imprisonment was not excessive.
Herman’s Background and Criminal History
Herman grew up in New Zealand until he was 14, partly in a boys’ home and foster care, before moving to Brisbane with his mother. He accumulated more than 20 criminal convictions in Australia, including armed robbery and assault leading to actual bodily harm. About 10 years ago, he was sent back to New Zealand as a "501" deportee – named after the section of the Australian Migration Act used to expel people who have criminal records or on character grounds. Since returning to New Zealand, Herman has clocked up another 20 convictions, including for wounding with intent, assault with intent to injure and possessing an offensive weapon. This history of criminal behavior suggests that Herman has a long-standing pattern of violent and antisocial behavior.
The Appeal and Sentence
In his appeal decision, Justice Boldt found that the jail term, for a conviction of wounding with intent to cause grievous bodily harm, was not excessive. "The attack on the victim was serious and potentially life-threatening," Justice Boldt said. "The [sentencing] judge made no error in selecting the starting point or in the final sentence of five years and seven months imprisonment." This decision suggests that the court took a dim view of Herman’s actions and considered the sentence to be proportionate to the seriousness of the offense.
Conclusion and Reflection
The case of Herman highlights the importance of holding individuals accountable for their actions, particularly when those actions result in harm to others. The court’s decision to uphold the sentence reflects the seriousness with which it views violent crime and the need to protect the community from individuals who pose a risk to others. The case also raises questions about the effectiveness of the justice system in addressing the underlying causes of criminal behavior, particularly in cases where individuals have a history of trauma and disadvantage. As a society, we need to consider how we can better support individuals like Herman, who have experienced trauma and disadvantage, to prevent them from engaging in violent and antisocial behavior.
