Key Takeaways
- A gay man, Kelly Hopkins, was violently attacked by a group of teenagers who targeted him through the dating app Grindr.
- The attack was one of 10 similar incidents where the group targeted gay and bisexual men, with some victims suffering serious injuries, including fractures and requiring surgeries.
- The "most culpable" teen, who participated in eight of the attacks, was initially discharged with no further penalty, but the police appealed the sentence, and the High Court overturned the discharge, adding a notation to his Ministry of Justice record.
- The teen then sought leave to appeal the High Court’s decision to the Court of Appeal, but was declined, with the court finding that the notation on his record was not disproportionate given the serious nature of his offending.
Introduction to the Incident
The incident occurred in April 2023, when Kelly Hopkins, a gay man, was lured to a park in Avonhead, Christchurch, through the dating app Grindr. Instead of meeting the person he had been chatting with, he was attacked by a group of teenagers who kicked and punched him, leaving him with broken glasses, abrasions, and a gash on his head. The attack was filmed and shared on social media, and Hopkins was horrified to learn that his assault was one of 10 similar incidents where the group had targeted gay and bisexual men.
The Attack and Its Aftermath
The group of teenagers, aged between 14 and 16, would message their intended victims on Grindr, engage in sexualized conversation, and exchange photographs before arranging to meet in a public place. Once the victim arrived, the group would outnumber and assault them, using violence that included punching, kicking, and stomping. Some victims suffered serious injuries, including fractures, and required surgeries. The attacks were often filmed and shared on social media, causing further distress to the victims.
The Sentencing and Appeal
Five of the teens were charged and sentenced by the same Youth Court judge, with two receiving six months of supervision and 150 hours of community work. A sixth teen, deemed the "most culpable" by police, was sentenced by a different judge and discharged with no further penalty, despite participating in eight of the attacks. The police appealed the sentence to the High Court, which overturned the discharge and added a notation to the teen’s Ministry of Justice record. The teen then sought leave to appeal the High Court’s decision to the Court of Appeal, but was declined.
The Court of Appeal’s Decision
The Court of Appeal found that the High Court was right to identify a parity issue between the sentence the sixth teen received and that of his peers for "essentially the same offending". The court acknowledged that the notation on the teen’s record would likely have some negative implications, but found that it was not disproportionate given the serious nature of his offending and the effect on his victims. The court declined the teen’s bid for leave to appeal the High Court judgement, finding that it would not be a miscarriage of justice to deny the appeal.
The Victim’s Response
Kelly Hopkins, the victim of the attack, felt insulted that the "most culpable" teen had tried to appeal what was already, in his opinion, a light sentence. He told NZME that he felt vindicated that the police had pushed for parity in the sentences and advocated for some of the teens to have their charges heard in the district court. Hopkins said that the sound of people walking behind him still freaked him out, and that he felt the victims had gotten lost in the process. He hoped that the teen would take responsibility for his actions and face the consequences of his offending.
Conclusion
The incident highlights the serious issue of violence and harassment faced by the LGBTQ+ community, particularly on dating apps. The case also raises questions about the adequacy of sentences for serious offending, particularly when it involves hate crimes. The Court of Appeal’s decision to decline the teen’s appeal is a step towards holding perpetrators accountable for their actions and ensuring that victims receive justice. However, more needs to be done to address the root causes of such violence and to support victims in their recovery.