An angry man who left a party and returned with a sword after being ridiculed was charged with violently assaulting others. Duane Ellis was sentenced at the Whang’rei District Court in New Zealand for wounding with intent to injure and wounding with reckless disregard that night, reported The Northern Advocate.
Ellis, 40, and a friend attended a farewell party on December 2, 2022, which should have been filled with reflections and farewells. The gathering, however, went downhill when Ellis and his friend started rapping, and others laughed at them.
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As Ellis and his unidentified associate left the party, they returned armed with swords. Ellis drew the sword from its sheath and started running toward the initial victim, known only as Taylor. After losing his balance, he fell, bending the blade’s tip.
Ellis struck Taylor in the head with the sword while party-goers intervened and tried to protect him, fracturing his skull and causing a 7cm gash, according to the outlet.
Using his fists and feet, Ellis’ associate attacked the second victim, Garry, sending him to the ground. Using the bent-tipped sword, Ellis struck Garry in the back, resulting in 10cm-deep and 6cm-wide wounds that required stitches, causing seven days of leave from work.
The victim with the fractured skull, Taylor, suffered nightmares and was forced to take time off work, while Garry suffered physical and psychological injuries. Despite being caught in the crossfire but not being injured, the homeowner experienced social anxiety and psychological distress following the incident. The trauma of having to clean up the horrific scene also had an impact.
Ellis should be sent to prison for his high level of premeditation, the sword attack to the head, and his lack of remorse, according to Crown lawyer Danica Soich. “The victims were not known to him. Someone’s head was fractured – that’s about as serious as it gets,” Soich submitted, per the publication.
Defense lawyer Jarred Scott said it was evident insults and grievances propelled the conflict, but the exact words exchanged that night remain unknown.
Upon reading Ellis’ pre-sentence report, Judge Gene Tomlinson stated that growing up in apartheid-era South Africa had influenced Ellis and that he had concerns about Ellis’ attitude toward the victims.”You were dismissive of the injuries. You also told the report writer, ‘He was only in hospital for hours so wasn’t hurt that much.’
“The violence you experienced in apartheid in South Africa towards your father – if someone is going to cause you harm, the response is swift and violent. That’s the way to deal with it, because that’s the behaviour you were modelled,” Judge Tomlinson said.
Despite Ellis’s hopes for home detention, Judge Tomlinson was forced to impose a sentence of three years and four months imprisonment due to the overwhelming aggravating factors of the attack.