A Hamilton man who struck a friend on the head with a metal baseball bat has been sentenced to serve his full prison term without the possibility of parole under New Zealand’s Three Strikes law, despite the victim later forgiving him.
According to a report by Waikato Times, Shane Khan, 42, must serve four years and one month in jail after being convicted of wounding with intent to cause grievous bodily harm. The sentence was imposed under the Three Strikes regime because Khan was already on his second strike for violent offending.
Khan pleaded guilty when he appeared in the Hamilton District Court on Wednesday, where the court heard details of the assault, described as a violent and unprovoked attack on a man he had been drinking with earlier that evening, Waikato Times has reported.
According to the summary of facts, the incident occurred on the night of September 23 last year at Khan’s home on Peachgrove Rd. After an altercation, the victim fled to a nearby kebab shop to hide.
Khan later armed himself with a metal baseball bat and followed the man. He waited nearby until the victim left the shop, then approached him from behind on the footpath and struck him on the side of the head with full force while the victim was unaware, as reported by the Waikato Times.
The injured man, bleeding and stunned, managed to return to the kebab shop, where the manager locked the doors and called the police. Khan remained outside for a short time, yelling “Shot n....., shot n.....,” before running home, as quoted by the Waikato Times.
The victim was taken to Waikato Hospital, where his head wound required stitches. Five days later, police searched Khan’s home and recovered the baseball bat along with the clothing he had been wearing during the attack.
Khan later told police, “I’m not gonna deny it. I f...ing smashed that c.... He’s lucky I didn’t kill him,” the Waikato Times reported.
During sentencing submissions, defence counsel Scott McKenna said Khan had pleaded guilty at the earliest opportunity and was willing to participate in restorative justice with the victim, although this did not proceed. McKenna also asked the court not to invoke the Three Strikes provisions, arguing that a lengthy sentence without parole could deter Khan from undertaking rehabilitation while in prison.
Judge Kim Saunders noted the victim had told police he was “annoyed” by the incident, “but has no hard feelings, and wishes you the best,” as reported by the Waikato Times.
Khan responded with a loud “Oh,” on hearing this.
In her ruling, Judge Saunders said that requiring Khan to serve the full sentence without parole would “not be grossly disproportionate” to the seriousness of the offence. Had the Three Strikes provisions not applied, Khan would have been eligible for parole after serving one-third of his sentence, or 16 months, as reported by the Waikato Times.