The younger of two men found guilty of the manslaughter of an Upper Hutt transsexual has received a longer sentence because for him it was a "hate" crime.
David Shaun Galloway was 18 at the time he attacked 64-year-old Richard "Diksy" Jones.
Galloway was sentenced to 10 years jail in the High Court at Wellington today, and Phillip Christopher Sanders, 42, was sentenced to nine and a half years.
Both have to serve at least half the terms before they can be considered for parole.
Although Galloway, now 20, says his statements, graphically captured on a video-recorded police interview, were just the words of a stupid young intoxicated boy Justice Robert Dobson did not accept the excuse
Galloway had told police he believed in "Adam and Eve, not Adam and Steve" and although he toned down his comments when he learned Diksy had died, he still said a "transvestite" did not deserve to live.
Each blamed the other for inflicting the fatal injuries at Diksy's tiny flat on April 29, last year, which had been Sanders' 41st birthday.
Diksy had sometimes sold small amounts of cannabis and Sanders had been a customer but began making threats against Diksy because of a series of incidents which could have made trouble for Sanders.
Sanders entered the flat first but Justice Dobson said he accepted a witness' account that Diksy's face was apparently unharmed before Galloway entered.
Later Diksy suffered 13 or 14 impacts on the head and died at the scene.
Justice Dobson said he thought both Sanders and Galloway were present when the fatal injuries were inflicted and both contributed materially to the outcome.
He said Diksy, who weighed 50kg and was 1.62m tall, had been entirely defenceless.
- © Fairfax NZ News
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