Judge Likens Youths To British Hooligans (Press, 23 January 1988)

On 23 January 1988, a District Court judge in Auckland, Judge Duncan, condemned the violent attack by two youths on a 60-year-old man, likening it to the gang violence seen in Britain. The offenders, 19-year-old Dean Lee Marvin, a truck driver, and 17-year-old David Mark Everett, a manager, had previously pleaded guilty to a joint charge of causing grievous bodily harm with intent to injure. The attack occurred at Okahu Bay on 3 December 1987, when the pair, upon seeing a man in a doorway, decided to assault him under the mistaken belief that he was a homosexual seeking other homosexuals. During the assault, Marvin and Everett used wooden batons to strike the victim, with Everett throwing him against a wall and swinging his baton in a threatening manner. Marvin targeted the man's thigh and knee, and after the victim was knocked to the ground, both youths continued their attack, inflicting injuries including a broken right arm, wrist, and rib, as well as bruising. The victim attempted to offer his watch and wallet to stop the violence, but Everett took the items and discarded them in the sea. Both youths confessed to the attack during police questioning. Everett claimed a deep-seated hatred for homosexuals based on personal experiences, while Marvin stated he was merely following his friend. The court did not receive a psychiatric report regarding Everett's mental state. Judge Duncan remanded Everett to Carrington Hospital for two weeks and postponed sentencing until 4 February. He sentenced Marvin to six months in prison and disqualified him from driving for nine months, underscoring the need to protect the public from such acts of senseless violence. The judge made it clear that the victim's sexual orientation, even if he were identified as homosexual, did not justify the brutal beating he received. He strongly emphasised that the kind of behaviour exhibited by Marvin and Everett would not be tolerated in society, equating their actions to those of hooligans who seek to harm innocent individuals without provocation. The judge's remarks were a call for appropriate sentences to deter similar actions in the future, highlighting the need for community safety and accountability. Marvin's counsel suggested that Everett was the instigator, with Marvin merely following his lead.

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