Offender DatabasesViolent and Sexual Offender
Databases |
Victims MemorialA memorial to those murdered in NZ in the last twenty years
Arabic language summary | 
Chinese language summary |
Korean
language summary 0900 SAFE NZ (7233 69)
EDUCATE . ADVOCATE . SUPPORT
| SITEMAP(3)Where to find everything here | FAQFrequently Asked Questions | New!New on this site lately |
escalating violence in our community
Become a member of the
Sensible Sentencing Trust
.
Beat Te Puke man Dale Poole to death in November 2007, a totally unprovoked killing
Also had three prior violent convictions, including one committed while out on bail
Dale John Poole
Kerrianne Whare
Hamuera Potene
Haimona Clarke
none known
Born 1989
Prison
Sentenced to 6 years with a 3 year minimum non-parole period in May 2009
Background
NZ Herald story here
From the Bay of Plenty Times May 30th 2009
Four Te Puke people with close family ties have all received jail terms for their roles in the killing of Te Puke man Dale Poole outside an ATM after he had been drinking in a bar in the town. In the High Court at Rotorua yesterday Henare Hadfield, 19, was sentenced to six years' imprisonment, while Hamuera Potene, 18, and Haimona Clarke, 20, were both jailed for four years and six months.
Each of the trio must serve at least half of their jail terms before being eligible to apply for parole. Kerrianne Whare, 25, who played a secondary role in the attack on Mr Poole, was jailed for two years and nine months without the added minimum non-parole term, which means she will have to serve at least one-third of her sentence. The four prisoners, who were originally facing a murder charge, pleaded guilty to 45-year-old Mr Poole's manslaughter last month on day one of what was supposed to be a two-week murder trial.
Mr Poole was bashed to death outside a Bank of New Zealand ATM in Jellicoe St about 1am on November 23, 2007, after he had withdrawn $100 and gave $20 to a female associate of the prisoners. He had met Whare and her girlfriends in the Stadium Bar about 8pm. The males joined them during the evening as Poole repeatedly used his Eftpos card to pay for some of their drinks. Hadfield, Clarke and Potene admitted beating Mr Poole. Whare was charged as a party to the crime, having encouraged the attack.
Mr Poole died within minutes of being repeatedly punched in the head by Hadfield and Potene. He was also kicked and stomped in the head by Potene and Clarke. Crown solicitor Greg Hollister-Jones sought minimum non-parole terms for the three male prisoners, citing the need for added deterrents for such unprovoked violence. Mr Hollister-Jones said aggravating their offending was that it was a "sustained attack" on a vulnerable, intoxicated man, which occurred in two phases - the second occurred after Mr Poole staggered to his feet and had taken up a defensive stance to try to protect himself.
Mr Hollister-Jones said Whare was the instigator and encourager of the attack. When Hadfield asked her should he bash Mr Poole, she replied: "Go waste him". But it was accepted she was a secondary party and deserved some reduction in her sentence. Mr Hollister-Jones also submitted none of the prisoners deserved the full one-third discount for guilty pleas, which had come late. Justice Geoffrey Venning agreed, giving them 25 per cent.
Potene's lawyer, Paul Mabey QC, said all three men were equally culpable but argued the Crown's starting point for sentence at 7-9 years was too high and should be closer to six years, which Clarke and Hadfield's lawyers also submitted was the appropriate starting point. Mr Mabey also argued that the Crown had altered the indictment to include a charge of manslaughter just prior to the start of the trial, and therefore the prisoners had entered guilty pleas at the earliest opportunity, and that fact should be taken into account.
Clarke and Hadfield's lawyers further argued the judge should make a distinction regarding their clients' culpability, as it was Potene - who had no prior convictions apart from a driving offence - who struck the fatal blow. A non-parole period as an added deterrent for their clients was not necessary, as imprisonment for such a "tragic mistake" was a severe deterrent in itself. Clarke, a first-time offender before the courts earlier tended his apology to Mr Poole's family. But Justice Venning said a minimum non-parole period must be imposed on the three male offenders for such "an unprovoked savage assault" as an added deterrent to protect the community.
Home detention for Whare was thus also out of the question. Character references put before the court were in direct contrast to the prisoners' actions that night. None of the prisoners had endeavoured to get help for Mr Poole as he lay dying on the ground, and their common enterprise had the "ultimate consequences for the deceased, his family and themselves". Hadfield received a longer sentence because he was the instigator of the attack and because he had prior convictions for violence, including a conviction for assault in April 2008 while on bail awaiting trial.