Sentencing adjourned for Te Puna attackers

Sentencing for three people found guilty of attacking a Te Puna family at their home in 2012 has been put off until early December.

Jack Simon Ake, Derek Michael Drewry and Jasmine Borrell were due to be sentenced at Tauranga District Court this morning, but due to a number of reasons, Judge Christopher Harding adjourned the sentencing until December 2.

Police at the scene of the attack where windows of cars were smashed.

Borrell, 25, pleaded guilty to two charges of assault in August, while Ake, 52, was found guilty of wounding with intent to injure and assault with a weapon. Drewry, 27, was found guilty of assault following a trial in August.

A fourth person, Rihari Borrell, 28, was charged in relation to the attack on the Duncan family on November 23, 2012, but the charges were dismissed during the trial due to lack of evidence.

Borrell, Ake and Drewry were part of a group of around 20 people who descended on the Duncan family property on Te Puna Road in an assault which is described as a 'horrific attack”.

During the trial in August, a jury of 12 heard how Andrew Duncan's sons and their friends were socialising in the shed of the family's home when a car carrying Jasmine Borrell and Derek Drewry pulled into the property enquiring about a man named Daniel.

Things got a bit heated and Borrell and Drewry ended up fighting with others at the property.

By this time Andrew was asleep and woke to a loud noise and his son yelling 'Dad, they're attacking us”.

He grabbed a piece of wood and his dog before exiting his garage to see what was happening.

But by the time he got outside, the carload had taken off.

About 15 minutes later, as the Duncans were waiting for police to arrive, two cars pulled into the driveway and about 10-15 people got out.

Andrew walked out his front door to confront the crowd and tell them to leave when a fight broke out and 'chaos” ensued.

During the fight, Andrew was hit on the head and remembers seeing the ground rushing towards him and the next thing he knew, he was standing next to his son Kevin who was holding his shotgun. Read more from Andrew here.

Kevin had grabbed Andrew's shotgun and fired warning shots in the air to disperse the crowd.

The crowd eventually left and the Duncans retreated to their home and waited for police.

In court today, Judge Christopher Harding was forced to adjourn sentencing because the Duncan's were not present in court and a pre-sentence report had not been prepared for Borrell.

Crown prosecutor Greg Hollister-Jones said the Duncans want to be part of the sentencing as they have a victim impact statement they wish to read out.

Bill Nabney said his client (Jasmine Borrell) told him she had not heard from probation in order for a pre-sentence report to be prepared.

Looking back in court documents, Judge Harding said Borrell had received two letters and a visit from probation at her bail address.

'There is little alternative but to adjourned the matter as the matter cannot be advanced,” he said.

Drewry was remanded in bail and Ake was remanded in custody until December 2.

Judge Harding warned Borrell that she had to make sure she had spoken with probation in order to get a pre-sentence report written.

He said there would be no further adjournments if she didn't cooperate with report writers.

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