Man jailed for assault on mum

SASHA BORISSENKO
Last updated 10:02 13/03/2014
Daniel Minogue
GUILTY: Daniel Waka Minogue was sentenced to 15 months' imprisonment for injuring with reckless disregard, and a further three years and nine months for burglary.

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A man who kicked an 8 months-pregnant woman in the stomach at a Canvastown house has been sentenced to five years in jail.

Daniel Waka Minogue, 33, was sentenced in the Nelson District Court yesterday to 15 months' imprisonment for injuring with reckless disregard, and a further three years and nine months for burglary.

His two associates, Joshua Jade Kiriona and Tuwhare Hoani Mana Pui, were also sentenced to three years and nine months in jail for burgling the Canvastown property on September 24, 2012.

Kiriona and Pui were convicted on the charges after a jury trial last month but cleared of more serious charges.

Judge Chris Tuohy said the defence's arguments that the three men travelled to Canvastown solely to talk to their friend Reginald "Reg" Mischeski about the misappropriation of drug money, at night and without warning, was "completely implausible".

Instead, they travelled from Nelson to enter Mr Mischeski's home with the intention of robbing him, and had a confrontation, which was to be expected, he said.

The trio parked their car away from the house and entered the property from the garden to surprise Mr Mischeski, the judge said.

"I accept you were surprised. Mr Mischeski was clearly a very strong man, and indeed he was a very angry man that night."

He said aggravating features included the vulnerability of the victims and the number of offenders present.

Judge Tuohy also took into account the emotional and physical impact on the victims and the violence inflicted - the punching and kicking of a heavily pregnant Hayley Kramer.

Any affiliations with the Mongrel Mob were plausible but irrelevant in the case, he said.

He sentenced Minogue separately because of his "emotional state". Minogue said from the dock that he was "not emotional".

Judge Tuohy said he could not be sure whether Minogue was truly remorseful, but he certainly hoped he was.

"I know it is hard to be sentenced today and to face the prospect of further imprisonment. I think you really have to think about the rest of your life and where it has taken you up until now."

The judge warned Minogue to question whether having gang affiliations in the future was a good idea.

While previous convictions were not taken into account for the sentencing of Kiriona and Pui, Minogue had a "serious lot of relatively recent" violence-related convictions.

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Minogue was convicted of three charges of assault in 2011, three counts of assaulting a female in 2010, and injuring with intent to injure in 2007 and 2009.

After a two-week trial in February, James Samuel Kiriona, his younger brother Joshua Kiriona, Minogue and Pui were found not guilty of aggravated robbery, wounding to cause grievous bodily harm and threatening to kill. James Kiriona was also acquitted of a burglary charge.

- Nelson

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