A CONVICTED killer was denied his chance to say sorry to his victim’s family when they walked out of the courtroom as he prepared to read a letter to them.
He was one of two 20-year-old men convicted of murder and manslaughter respectively after stabbing Daryl Graydon to death with a kitchen knife.
The incident in Ridge Road, Howick, on December 8, 2007, followed an altercation in Mellons Bay Road earlier in the night.
Both of the convicted men have been granted continued name suppression.
Judge Raynor Asher sentenced Offender A to a minimum 11 years in jail for the murder conviction and Offender B to six years behind bars for manslaughter.
In his letter to the Graydon family, read by counsel Barry Hart, Offender A said not a day went by when he didn’t think of the hurt and pain caused to the family.
“It hurts me knowing that Daryl had his whole life ahead of him but no longer has one because of me,” he said.
“I wish I could turn back time. I’m truly sorry for taking Daryl away from you. I will think about it every day until the day I take my last breath.”
Offender A sat with his head bowed and eyes shut during the sentencing at Auckland High Court.
“Arming yourself with a knife is an aggravating factor,” Judge Asher said.
“There is no doubt you armed yourself with a knife with Mr Graydon in mind. He was the person you intended to pursue.
“The courts are often seeing cases where young men in public are armed with knives.
“Disagreements or fights develop, and the presence and use of a knife can turn an encounter into something lethal that has devastating consequences for the victim, the family and society. This is just such a case.
“This was not just a spontaneous reaction to a fight situation, it was worse than that.
“I have heard moving statements from the deceased’s mother, brother and sister.
“They describe a grief that is beyond description and will never go away.”
He quoted the statement of Daryl’s mother, Louanna Graydon: “People ask me if I’m alright. No, I will never be alright. They ask ‘is there anything I can do for you’.
“No, there is nothing you can do for me.”
However, Judge Asher said mitigating factors included the fact Offender A was 18 at the time of the offence, and about 26 statements of support referred to his character and abilities in glowing terms.
“At the time of offending he was accepted into the navy. He had no previous convictions.
“I’m satisfied those who knew him at school and in the community considered him to be a young man with an outstanding future – in particular a young man who had no propensity to violence.
“Why or how it came about that such a man could commit such a terrible crime is a matter of wonder. But his character in no way excuses the violent and terrible action.”
Judge Asher said he accepted Offender A, in a self-made video, had shown some empathy for what he had done to the Graydon family.
“However, he has not accepted responsibility for his decision to inflict terrible wounds on Mr Graydon.”
As Judge Asher moved onto Offender B’s case, Offender A’s head dropped to his knees behind the bench where it stayed until, visibly upset, he stood to accept the minimum 11-year sentence.
Judge Asher said he considered Offender B’s position to be more serious than “just a getaway driver knowing an unlawful act is to be committed. But it is less serious than the person who was involved in administering wounds to the victim”.
Offender B, he said, was 18 at the time of the killing.
“But I also accept he must be seen as an integral part of the circumstances that led to Mr Graydon’s death,” said Judge Asher.
“If he had objected to knives being taken or not accompanied [Offender A], it seems unlikely that [Offender A] would have proceeded on his own.”
Offender B, Judge Asher said, participated by deliberately arming with knives and setting out in pursuit of Mr Graydon, who lived in Panmure. At the scene both men called out “two on two” and “knifie, knifie”.
Offender B’s participation, he said, was likely to have been an essential circumstance that led to the tragedy.
Earlier in the sentencing, Crown prosecutor John Dixon said Offender B’s evidence was inconsistent with a position of remorse, saying at the trial and to the police that he had done nothing wrong.
“He was minimising his own role. He talked of a bottling, he was already inventing excuses. I don’t see remorse in his police interviews.”
However, Judge Asher said statements from people from Offender B’s school showed him to have been regarded as an outstanding young man with considerable ability as a football player and sportsman.
“He studied hard and had made enquiries about joining the British Royal Air Force,” said the judge. “He was intending to seek a career as a pilot.”
Offender B and his mother came to New Zealand from the UK in 2005 on a two-year secondment, Judge Asher said. They were due to fly back in January 2008.
“As the result of these tragic events, she will stay on to support him [Offender B] for the period he spends in prison. I accept that hardship to her can be taken into account, but I also accept only limited weight can be placed on this factor.”
Offender B, he said, had no previous convictions. However, neither in his statements to the police or evidence at the trial was he prepared to accept personal responsibility for what happened to Mr Graydon.
“I sense that he has felt sincere regret and horror as to what has happened.”
But, he said, only limited credit could be given for remorse.
As Judge Asher delivered a prison sentence of six years, Offender B continued to stare straight ahead while his mother quietly wept in the public gallery.
After sentencing, Louanna Graydon’s brother-in-law Allan Nicol expressed the family’s thanks to people involved in the trial.
“All I can say is the family can’t thank the jury enough for what they had to go through,” he said. “Also the Queen’s Counsel have been awesome.
“We think the judge is a fair man. He took a long time to deliberate carefully, making sure he got it right.
“The police have done a great job. For two years they have been in close contact with the family. It’s just awesome.”
