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escalating violence in our community
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Sensible Sentencing Trust
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Grievous assault of a Hamilton man in February 2004. The victim was severely beaten and nearly died
Was on parole from a previous assault at the time
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none known
Born 1981
Unknown
Sentenced to 8 years with a 5 year minimum non-parole period in October 2004
Expected to have already been released
Background
Waikato Times story here
Denied early release February 2009 - unsuccessfully appealed sentence and conviction in June 2005
Court of Appeal GBH sentencing guideline judgment here (PDF)
The crown prosecutor said Roberts had been on parole for wounding with intent to injure
From Waikato Times story October 13th 2004
A Hamilton man who continued a frenzied attack on his victim as he lay unconscious in a central city street has been jailed for eight years. Hamilton District Court Judge Neil MacLean yesterday jailed Richard Roberts, 23, for eight years for the attack, which happened in February. The judge ordered that Roberts serve at least five years before being eligible for parole. "This was a callous, brutal and highly aggressive beating inflicted on a man who was becoming progressively more and more helpless," Judge MacLean said. Roberts attacked Kerry Diamond in London St early on February 15, after the two had argued as Mr Diamond walked home with his brother.
A surgeon who operated on Mr Diamond told the court at Roberts' trial the injuries were so severe they were normally found in victims of high-impact car crashes. Mr Diamond underwent an eight- hour operation to insert titanium plates and screws into his face and to wire his jaw. Crown prosecutor Jacinda Foster said Roberts had continued to attack Mr Diamond with a flurry of punches and a kick to the head, long after he had overpowered his victim, stopping only when friends pulled him away. She said Roberts had been on parole following a three-year jail sentence for wounding with intent to injure. Mr Diamond was left with disturbing injuries which would affect him for the rest of his life. Roberts' lawyer Chris Tennet argued a three to five year sentence would more accurately reflect the level of violence involved.