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escalating violence in our community
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Sensible Sentencing Trust
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Assault and grievous bodily harm on a Palmerston North man in June 2006
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Cleveland Martin (lead offender)
Dwayne Martin
Nomads/ Mongrel Mob
Born 1989
At large
Sentenced to 6 years in March 2008
Released mid 2010?
Background
From Manawatu Standard story March 2008
An "exaggerated sense of family loyalty" sent 19-year-old city twins to prison yesterday for a revenge attack in June, 2006. Windsor and Cleveland Martin appeared flanked by two prison guards in the dock at Palmerston North District Court. Each pleaded guilty to a charge of causing grievous bodily harm after a prolonged attack on a man with claw hammers, a paint scraper and bits of wood on Tremaine Avenue when they were 17. The complainant, now 26, suffered a severe traumatic brain injury. An independent life for him, the Crown said, was not possible.
The man has since been certified by a clinical psychologist as having the brain function of a 4-year-old. He will have ongoing difficulties. "He's not the person he once was. "His son won't have the father he once had," Crown prosecutor Chris Shannon said. The court heard that Cleveland Martin had previous violent convictions. As a 16-year-old he committed an armed robbery with a machete on a dairy. He was on parole for this offence when the Tremaine Avenue attack took place. Meanwhile, Windsor Martin had committed a raft of offences since the attack. Andru Isac, lawyer for Windsor, said there was a degree of provocation to the attack.
The complainant and his mates had assaulted Windsor earlier that day prompting a much more serious retaliatory attack later on. "There's history between these men." The twins' actions reflected "youthful immaturity" and poor judgement, Mr Isac said. To a probation officer, Windsor had minimised his offending and said there was no alternative to solving the conflict other than using violence. Cleveland's lawyer, Glen Mason, said that at age 19 his client was too young to be "thrown away". "There must be some hope. He will be released one day."
His brother's assault had "inflamed the family feeling". The twins' young lives were dominated by a "Mongrel Mob dad" and multiple police visits to the family home. "There must have been a feeling in their minds that it was them against the world." If their sense of loyalty to each other was exaggerated, it was "understandable against that background", Mr Mason said. Judge Alastair Garland said both teenagers expressed little remorse. He sentenced Windsor to six years' jail and his twin to seven years, with a minimum non-parole period of three-and-a-half years. As they left the dock, the twins' mum told them she loved them.
From Manawatu Standard story August 2008
A Nomad gang member has joined his twin brothers with a prison sentence for an assault that left a man with the cognitive function of a 4-year-old. Dwayne Rudy Martin, 21, appeared for sentencing in the Palmerston North District Court yesterday, after pleading guilty to the attack on a 26-year-old on June 2, 2006. His twin brothers Cleveland and Windsor, 19, were sentenced to six years' imprisonment on March 14 for their part in the incident. But Dwayne Martin was wanted by police after he failed to appear at his arraignment. He did not plead guilty to causing grievous bodily harm until he was arrested again on July 17, this year.
Defence lawyer Mike Ryan said Martin had avoided arrest because his partner was pregnant. She was due to give birth this weekend. The court heard how the brothers subjected their victim to a prolonged attack in retaliation for a minor assault on one of the twins earlier that day. Using claw hammers, a paintscraper and bits of wood, the man was beaten until he was left lying unconscious in a pool of blood on Tremaine Avenue. Severe traumatic brain injuries left him with the brain function of a 4-year-old. Martin admitted the attack but showed little remorse, Judge Alastair Garland said, sentencing him to seven years and eight months' jail. Martin's mother called out, "see you son, love you", as he left the dock to join his two brothers in prison