A Waitara brother about to face a retrial for breaking the jaw of a mate at a party a year ago has now pleaded guilty.
In the New Plymouth District Court yesterday, older brother Shayne Behan-Kitto, 22, admitted a charge of intentionally causing the victim grievous bodily harm on August 25 after he and his brother Guy Behan-Kitto, 20, successively punched Nathan Grant.
The trial heard that Guy lost his temper because Mr Grant was bragging about having sex with their cousin's girlfriend.
Guy Behan-Kitto was found guilty at trial but the jury failed to agree on the role his brother played.
Yesterday's change in plea came after Julian Hannam, defence lawyer for Shayne Behan-Kitto, asked Judge Allan Roberts for a sentencing indication.
The Crown called for a jail sentence between 2 to 2 years while Mr Hannam submitted a sentence of home detention would be appropriate.
Judge Roberts said he accepted the victim was being "a thorough pest" in persistently reciting his sexual activities.
It was hard to separate which of the blows had caused the injuries, which were not life-threatening, the judge said.
The judge determined a 20 month jail sentence was appropriate, allowing the possibility of home detention.
Behan-Kitto was remanded on bail to October 4 when his brother is also to be sentenced.
A pre-sentence report is to be prepared.
The report will cover all options including home detention and community detention.
- © Fairfax NZ News
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