Waipuka jailed for Phillip Cottrell homicide

The man found guilty of the homicide of Radio NZ journalist Phillip Cottrell has been jailed for 12 years and 10 months.

Nicho Waipuka, 20, appeared in Wellington's High Court this morning where Justice Forrest Miller handed down the sentence.

The starting point for his sentence was 15 years, with one year added for previous crimes. However, the sentence was reduced by 20 percent for Waipuka's early homicide plea. He imposed a minimum non-parole period of eight-and-a-half years.

"This crime is very close to murder," Justice Miller said. "You present a high risk of reoffending."

Summarising the case before delivering his verdict, Justice Miller said on the night of Mr Cottrell's attack, Waipuka told friends he was "looking for fights".

"You saw Mr Cottrell coming down the street. You crossed the street and you attacked him.

"The attack was swift and brutal."

Justice Miller said Waipuka had a "motive of recreational violence".

"I do not believe you had remorse then or you have remorse now."

Justice Miller said he had "thought carefully" about whether to give Waipuka the maximum sentence for homicide - life imprisonment.

"You have 24 previous convictions since 2009 [and] connections with a gang; the Killer Beez."

Justice Miller said Waipuka appeared to "enjoy violence".

"You use it casually or to get what you want," he said. "The most that can be said to you is that you are young and can grow out of your behaviour."

Waipuka attacked Mr Cottrell on Wellington's Boulcott St in December 2011, punching him in the face before stomping on his head.

Mr Cottrell's skull was fractured into 20 pieces, his arm broken in two places and he received other injuries to his face and neck.

Waipuka and friend Manuel Robinson, 18, were jointly charged with Mr Cottrell's murder, but both were found not guilty at a trial in December. Instead, the jury found Waipuka guilty of homicide.

Waipuka admitted punching Mr Cottrell once in the head, but denied doing anything else.

Mr Cottrell's sister Susan Hollows read out her victim impact statement to the court, and in tears, recalled how difficult losing her "rock" and "confidant" has been.

"Phillip was meant to be coming to our house in Queenstown for Christmas. Instead, we made the heartbreaking journey to Wellington instead," she says.

"I'm so glad my parents were spared the horror of watching Phil in intensive care, black and blue. I held his hand and told him to be brave."

Ms Hollows says the death of her brother has had a huge impact on her parents, who live in England.

"My mother says she's lost the will to live. My mum and dad have lost their only son. It was hard for them to come to terms with it."

Ms Hollow's husband Heath also read his statement, telling the court of his anguish and how his brother-in-law's death has broken him.

"To experience the emotions that he no longer exists, I'd never wish it upon anybody.

"To walk into the hospital and find a machine keeping him alive, my wife sat there holding his hand, and to see her have to make the decision to turn the life support off just crushes you.

"He was one of the most genuine, compassionate, respected, loving and intelligent people to ever walk this world."

Mr Hollows also told the court of his disappointment that Waipuka was not found guilty of murder.

"For this to be deemed as an accidental death leaves me devastated. It's just so wrong."

Crown lawyer Grant Bursten asked for a sentence with a starting point between 10-12 years.

"There should be an up-lift because of his previous violent offending. He should not be given any credit for remorse," he said.

3 News

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